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CHARTER 


OF  THE 


CITY  OF  GALVESTON 


AND   THE 


REVISED  ORDINANCES 

AS  ORDAINED  AND  PUBLISHED  BY  THE 

BOARD  OF  COMMISSIONERS 

OF  THE  CITY  OF  GALVESTON. 


DIGESTED  AND  REVISED  BY 

GEO.    F».    KIN  LAY 


GALVESTON,  TEXAS  : 

Clarke  &  Courts,  Manufacturing  Stationers. 

1902. 


►-D 


A  >  ^ 

CHARTKR 

OF    THE 

CITY  OF  GALVESTON 


An  Act  to  incorporate  the  City  of  Galveston  and  grant  it  a  new 
Charter ;  and  to  repeal  all  pre-existing  Charters. — [^Approved 
April  19,  1901]. 

Sectiox  1.     That  all  the  inhabitants  of  the  city  of  Galveston 
shall  continue  to  be  a  body  politic  and  corporate,  with  perpet- 
ual succession,  by  the  name  and  style  of  the  "City  of  Galves- 
ton," and  as  such  they  and  their  successors  by  that  name  shall 
a    have,  exercise  and  enjoy  all  the  rights,  irnmunities,  powers, 
^   privileges  and  franchises  now  possessed  and  enjoyed  by  said 
.»    citv,  and  herein  granted  and  conferred;  and  shall  be  subject 
^    to  all  the  duties  and  obligations  now  pertaining  to  or  mcum- 
^   bent  on  said  city  as  a  corporation,  not  inconsistent  with  this 
-  act,  and  may  ordain  and  establish  such  acts,  laws,  regulatioub 
,  and   ordinances,   not   inconsistent   with   the   constitution    and 
*^  laws  of  this  State,  as  shall  be  needful  for  the  government,  in- 
terest, welfare  and  good  order  of  said  body  politic ;  and  under 
the  same  name  shall  be  known  in  law ;  and  be  capable  of  con- 
tracting and  being  contracted  with,  suing  and  being  sued,  im- 
plead  and   being   impleaded,   answered   and  being   answered 
unto,  in  all  courts  and  places,  and  in  all  matters  whatever; 
may  take,  hold  and  purchase,  lease,  grant  and  convey,  such 
real  and  personal  or  mixed  property  or  estate  as  the  purposes 
of  thevs£orporation  may  require,  within  or  without  the  limits 
thereof;  and  may  make,  have  and  use  a  corporate  seal,  and 
change  and  renew  the  same  at  pleasure. 

Sec.  2.  That  the  limits  of  said  city  shall  embrace  so  much 
of  the  Island  of  Galveston  from  the  point  thereof  on  the  east 
to   Fifty-sixth   street,  or  to   include  the   league   and   labor  of 

3 

1  Bi 


Sec.  3.  charter  of  the 

land  known  as  the  ^lenarcl  grant;  provided,  that  said  league 
and  labor  shall  extend  beyond  Fifty-sixth  street:  thence  to 
include  Galveston  Bay  and  Pelican  Island,  and  one  mile  north 
thereof ;  and  the  waters  of  the  Gulf  of  Mexico  extending  south 
one  marine  league  from  the  shore,  from  the  channel  and  an- 
chorage on  the  eastern  end  of  Galveston  Island  to  the  western 
boundary  of  the  city,  so  as  to  extend  the  police  authority  and 
jurisdiction,  inclusive  of  Pelican  Island,  over  all  the  area  and 
territory  aforesaid;  provided,  nevertheless,  that  jurisdiction 
shall  extend  from  the  eastern  boundary  of  said  city  over  all 
real  estate  beyond  said  limits  purchased  or  in  any  manner  ac- 
quired by  said  city  for  the  use  of  the  corporation  ;  and  provi- 
ded, furthermore,  that  all  the  municipal  regulations  of  said 
city  shall  apply  to,  extend  and  be  in  full  force  over  the  harbor 
and  anchorage  of  Galveston,  and  to  the  bar  at  the  entrance  of 
said  harbor;  and  the  corporate  authority  and  jurisdictit)n  shall 
extend  from  the  eastern  boundary  of  said  city  over  the  east 
end  of  Galveston  Island,  and  over  all  real  estate  beyond  said 
limits  purchased  or  in  any  manner  acquired  by  said  city  for 
the  use  of  the  corporation ;  and  provided  further,  that  the  said 
limits  may  be  hereafter  extended,  including  and  adding  more 
territory  to  the  same,  whenever  a  majority  of  the  inhabitants 
of  said  territory  shall  indicate  a  desire  to  be  included  within 
the  limits  of  said  city;  and  provided,  further,  that  neither  the 
corporate  limits  nor  the  jurisdiction  of  said  city  shall  extend 
to  any  point  of  the  mainland  so  as  to  interfere  or  conflict  in 
any  wise  with  the  riparian  rights  and  privileges  of  the  owners 
of  the  mainland,  or  any  part  thereof  bordering  upon  the  waters 
of  said  bay;  and  provided,  further,  that  the  jurisdiction  of 
said  city  shall  not  extend  over  Bolivar  channel,  except  for 
police  and  sanitary  purposes. 

Sec.  3.     The  territory  contained  within  the  boundary  of  the 
city  of  Galveston  shall  be  divided  into  12  wards,  as  follows : 

The  first  ward  shall  contain  all  the  territory  lying  north  of 
Avenue  G  and  east  of  Thirteenth  street. 

The  second  ward  shall  contain  all  the  territory  lying  north 
of  Avenue  G,  between  Thirteenth  and  Seventeenth  streets. 

The  third  ward  shall  contain  all  the  territory  lying  north 
of  Broadway,  between  Seventeenth  and  Twenty-first  streets. 

4 


CITY   OF   C4ALYESTOX.  SeC.  4. 

The  fourth  ward  shall  contain  all  the  territory  lying  north 
of  Broadway,  between  Twenty-first  and  Twenty-fifth  streets. 

The  fifth  ward  shall  contain  all  the  territory  lying  north  of 
Broadway,  between  Twenty-fifth  and  Twenty-ninth  streets. 

The  sixth  ward  shall  contain  all  the  territory  lying  north 
of  Broadway,  between  Twenty-ninth  and  the  western  bound- 
ary of  the  city. 

The  seventh  ward  shall  contain  all  the  territory  lying  south 
of  Broadway,  between  Twenty-ninth  street  and  the  western 
boundary  of  the  city. 

The  eighth  ward  shall  contain  all  the  territory  lying  south  of 
Broadway,  between  Twenty-fifth  and  Twent3^-ninth  streets. 

The  ninth  ward  shall  contain  all  the  territory  lying  south 
of  Broadway,  between  Twenty-first  and  Twenty-fifth  streets. 

The  tenth  ward  shall  contain  all  the  territory  Ij'ing  south  -T 
Broadway,  between  Seventeenth  and  Twenty-first  streets. 

The  eleventh  ward  shall  contain  all  the  territory  lying  south 
of  Avenue  G,  between  Thirteenth  and  Seventeenth  streets. 

The  twelfth  ward  shall  contain  all  the  territory  lying  south 
of  Avenue  G  and  east  of  Thirteenth  strcf^t ;  provided, 
that  the  board  of  commissioners  of  said  city  shall  have  power 
from  time  to  time  by  ordinance  to  cause  a  division  of  said 
city  to  be  made  into  as  many  wards  (not  less  than  twelve)  as 
they  may  deem  necessary,  and  for  the  good  of  the  inhabitants 
of  said  city. 

Sec.  4.  The  waterworks  and  sewerage  plants,  fire  engines, 
fire  alarm  telegraph  system,  hose  and  hose  carriages,  horses, 
and  wagons,  engine  houses,  school  houses,  public  buildings, 
public  squares,  parks,  promenades,  wharves,  streets,  alleys,  all 
stock  and  interest  in  any  incorporated  company,  held  pr  used 
for  public  purposes  or  in  trust  for  the  public,  and  all  property 
which  may  have  been  granted  or  released  to  said  city  of 
Galveston  by  the  State,  through  a  general  or  special  law  or 
joint  resolution  of  the  Legislature,  and  any  judgment  or  judg- 
ments or  causes  of  action  in  favor  of  said  city  of  Galveston, 
and  the  electric  light  plant  or  other  plant  used  for  public 
purposes,  and  all  other  property,  real  and  personal,  held,  con- 
trolled or  used  by  said  city  of  Galveston  for  the  purposes  of 


Sec.  5-6.  charter  of  the 

government,  including  all  property  of  whatsoever  character 
or  description,  whether  of  the  same  nature  or  not  as  the  prop- 
erty heretofore  specified,  which  may  have  been  held,  con- 
trolled or  used  by  said  city  of  Galveston  for  public  uses  or  in 
trust  for  the  public,  or  which  may  have  been  vested  in  the  city 
of  Galveston  under  and  by  virtue  of  any  laws  of  the  State  of 
Texas,  shall  vest  in  and  remain  and  inure  to  the  said  corpora- 
tion under  this  act. 

Sec.  5.  There  shall  be  appointed  by  the  Governor  of  the 
State,  as  soon  as  possible  after  the  passage  of  this  act,  three 
commissioners,  one  of  whom  shall  select  and  designate  as 
president  of  the  board  of  commissioners  provided  for  herein, 
and  within  ten  days  after  the  passage  of  this  act  it  shall  be 
the  duty  of  the  commissioners  court  of  Galveston  county  to 
order  an  election  to  be  held  in  the  city  of  Galveston,  at  which 
election  the  qualified  voters  of  the  city  of  Galveston  shall  se- 
lect two  other  commissioners,  who,  together  with  the  three 
commissioners  appointed  by  the  Governor,  shall  constitute 
the  board  of  commissioners  of  the  city  of  Galveston. 

In  ordering  such  election,  the  commissioners  court  shall  de- 
termine the  time  and  the  places  in  the  city  of  Galveston  for 
holding  such  election,  and  the  manner  of  holding  the  same 
shall  be  governed  by  the  laws  of  the  State  regulating  general 
elections.  Each  of  said  five  commissioners  shall  be  over  the 
age  of  25  years,  citizens  of  the  United  States  and  for  five 
years  immediately  preceding  their  appointment  or  election 
residents  of  the  city  of  Galveston.  Each  of  said  five  commis- 
sioners shall  hold  office  for  two  years  from  and  after  the  date 
of  his  qualification  and  until  his  successor  shall  have  been 
duly  appointed  or  elected,  as  the  case  may  be,  and  duly  quali- 
ified. 

Said  board  of  commissioners  shall  constitute  the  municipal 
government  of  the  city  of  Galveston. 

Sec.  G.  The  first  president  and  the  other  members  of  the 
first  board  of  commissioners  appointed  and  elected  under  this 
act,  shall  be  held  and  deemed,  in  law  and  in  fact,  the  succes- 
sors of  the  mayor  and  aldermen  of  said  city  of  Galveston, 
and  upon  the  qualification  of  said  president  and  the  other 
members   of    said   board    of   commissioners,    all    the    powers. 

6 


CITY   OF   GALVESTON.  SEC.   7-8. 

rights,  and  duties  of  the  mayor  and  board  of  aldermen  of  the 
said  city  shall  cease ;  and  wherever  the  said  city  has  hereto- 
fore, under  the  decree  or  judgment  of  any  court,  or  under  any 
Jaw,  ordinance  or  resolution,  been  entitled  to  representation 
through  the  mayor  of  said  city  and  one  or  more  of  the  alder- 
men thereof,  on  the  board  of  directors  of  any  incorporated 
company  in  which  the  said  city  may  own  stock  or  be  interested, 
it  shall  hereafter  be  represented  on  any  such  board  of  direc- 
tors by  the  president  of  said  board  of  commissioners,  and  by 
two  other  members  of  said  board,  to  be  selected  by  said  board. 

Sec.  7.  Said  commissioners  shall  collectively  constitute 
and  be  known  as  the  "Board  of  Commissioners  of  the  City  of 
Galveston."  They  shall  take  an  oath  to  faithfully  perform  the 
duties  of  their  said  office,  and  each  shall  receive  as  compensa- 
tion for  his  said  services  the  sum  of  five  hundred  (500)  dol- 
lars per  annum,  payable  in  equal  monthly  installments,  ex- 
cept that  the  president  of  said  board  shall  receive  a  salary  of 
three  thousand  (3000)  dollars  per  annum,  payable  in  equal 
monthly  installments,  and  said  president  shall  devote  at  least 
six  hours  a  day  to  the  duties  of  his  office  and  to  the  afifairs  of 
said  city. 

Sec.  8.  That  each  commissioner,  before  entering  upon  the 
duties  of  his  office,  shall  give  bond,  payable  to  the  Governor 
of  the  State,  for  the  use  and  benefit  of  said  city,  in  the  sum 
of  five  thousand  (5000)  dollars,  for  the  faithful  discharge  of 
his  duty,  with  two  or  more  good  and  sufficient  sureties,  to  be 
approved  by  the  county  judge  of  Galveston  county,  and  shall 
in  addition  to  taking  the  oath  prescribed  by  the  Constitution 
of  the  State,  also  take  an  oath  that  he  is  not  under  any  direct 
or  indirect  obligation  to  appoint  or  elect  any  person  to 
the  office  of  policeman  or  fireman,  or  to  any  other  office, 
position  or  employment  under  said  government.  The  said 
commissioners  shall  by  a  majority  vote  of  the  com- 
missioners appointed  and  elected  under  this  act  hav--: 
the  power  to  appoint  all  officers  and  subordinates  in 
all  of  the  departments  of  said  city,  and  to  suspend  and  to 
discharge  the  same  for  cause,  at  will,  under  the  limitations 
hereinafter  provided.  Each  commissioner  appointed  by  the 
Governor  of  the  State  shall  qualify  as  provided  by  this  sec 

7 


Sec.  9-11.  charter  of  the 

tion  within  ten  clays  after  his  appointment,  and  each  com- 
missioner elected  under  the  provisions  of  this  act  shall  qualify, 
as  provided  by  this  section,  within  ten  days  after  the  delivery 
to  him  by  the  county  judge  of  Galveston  county  of  a  certificate 
of  his  election. 

Sec.  9.  Any  member  of  said  board  of  commissioners  who 
holds  his  office  by  virtue  of  appointment  by  the  Governor 
of  the  State,  may  be  removed  by  the  Governor  of  the  State 
for  good  and  sufficient,  cause,  to  be  spread  on  the  records  of 
his  office,  and  to  be  reported  by  him  to  the  next  session  of  the 
Legislature  thereafter.  But  in  no  case  shall  the  Governor  of 
the  State  remove  the  two  commissioners,  or  either  of  them, 
that  have  been  elected  under  the  provisions  of  this  charter. 
Such  two  members  may  be  removed  for  the  same  reasons 
and  in  the  same  manner  as  county  officers. 

Sec.  10.  Resignation  by  any  of  the  commissioners  ap- 
pointed or  elected  under  this  act  shall  be  made  in  writing  to 
the  Governor  for  his  action,  and  resignation  by  any  of  the 
other  officers  of  said  city  shall  be  made  in  writing  to  the 
said  board  of  commissioners  for  their  action  thereupon.  In 
case  of  the  removal  of  any  commissioner  from  the  territorial 
limits  of  such  city,  such  removal  shall  ipso  facto  be  deemed 
to  create  a  vacancy  in  the  office  of  such  commissioner.  In 
case  of  the  death,  resignation,  removal  from  office,  or  removal 
from  the  territorial  limits  of  the  said  city  of  any  member  of 
the  board  of  commissioners,  appointed  by  the  Governor,  the 
Governor  of  the  State  upon  being  informed  of  the  fact  of  such 
vacancy  shall  fill  any  such  vacancy  for  the  unexpired  term 
by  appointment.  In  case  of  the  death,  resignation,  removal 
from  office,  or  removal  from  the  territorial  limits  of  said  city, 
of  either  or  both  of  the  two  commissioners  elected,  any  such 
vacancy  shall  be  filled  in  the  manner  provided  by  the  Consti- 
tution of  this  State,  for  filling  vacancies  in  State  or  district 
offices  other  than  members  of  the  Legislature. 

Sec.  11.  Said  board  shall,  at  the  first  meeting  after  their 
qualification,  or  as  soon  thereafter  as  practicable,  organize  by 
the  election  of  some  competent  man  to  be  the  secretary  of 
said  board,  who  shall  keep  the  minutes  and  records  of  all  their 
proceedings  in  a  well  bound  book  kept  for  that  purpose,  and 


CITY   OF   GALVESTON.  Seo.  12. 

shall  perform  such  other  duties  as  may  be  required  of  him 
by  said  board,  and  shall  receive  a  salary  not  to  exceed  twelve 
hundred  (1200)  dollars  per  annum.  The  president  of  said 
board  shall  have  the  right  to  vote,  as  a  member  thereof,  on  all 
questions  which  may  arise.  Said  board  of  commissioners  shall 
have  the  power  to  summon  and  compel  the  attendance  of  wit- 
nesses, and  the  production  of  books  and  papers  before  them, 
whenever  it  may  be  necessary  for  the  more  effective  dis- 
charge of  their  duties ;  and  shall  have  the  power  to  punish  for 
contempt  of  said  board  with  the  same  fines  and  penalties  as 
the  county  judge  may  punish  for  contempt  of  the  county  court. 
All  process  necessary  to  enforce  the  powers  conferred  by  this 
section  shall  be  signed  by  the  president  of  the  board,  and 
attested  by  the  secretary  thereof,  and  shall  be  served  by  any 
member  of  the  police  force  of  said  city. 

Sec.  12.  Said  board  of  commissioners  so  constituted  shall 
have  control  and  supervision  over  all  the  departments  of  such 
city  and  to  that  end  shall  have  power  to  make  all  such  rules 
and  regulations  as  they  may  see  lit  and  proper,  concerning 
the  organization,  management  and  operation  of  such  depart- 
ments ;  and  shall  have  power,  under  such  rules  and  regula- 
tions as  they  shall  make,  to  appoint,  and,  for  cause  which  to 
said  board  shall  seem  sufficient,  and  after  an  opportunity  to 
be  heard,  to  discharge  all  employes,  including  the  chiefs  of 
the  departments  respectively.  Said  commissioners  shall  have 
sole  authority  to  pass  and  adopt  all  such  rules  and  regulations 
concerning  all  of  the  departments  of  such  city  and  the  other 
agencies  created  by  them  for  the  administration  of  its  affairs. 

And  in  addition  to  the  powers  aforesaid,  the  said  commis- 
sioners shall  have  the  right,  and  it  shall  be  their  duty,  by  a 
majority  vote  of  all  the  said  commissioners  appointed  and 
elected,  to  designate  from  among  their  members  one  com- 
missioner, who  shall  be  known  as  "Police  and  Fire  Com- 
missioner," and  who  shall  have  under  his  special  charge  the 
enforcement  of  all  police  regulations  of  such  city  and  general 
supervision  over  the  fire  department  of  such  city ;  and  one 
commissioner  to  be  known  as  the  ''Commissioner  of  Streets 
and  of  Public  Improvements,"  who  shall  have  under  his  special 
charge  the  supervision  of  the  streets  and  alleys  of  such  city, 

9 


Sec.  13-U.  charter  of  the 

and  be  charged  with  the  duty  of  lighting  such  streets,  and 
keeping  the  said  streets  and  alleys  in  a  clean  and  sanitary  con- 
dition, and  with  the  enforcement  of  all  rules  and  regulations 
necessary  to  that  end,  for  the  preservation  of  the  health  of 
the  inhabitants  of  such  city,  and  who  shall  also  have  under  his 
special  charge  the  supervision  of  all  public  improvements, 
and  shall  see  that  all  contracts  therefor  are  faithfully  complied 
with,  and  that  the  conditions  of  the  grant  of  any  franchise  or 
privilege  are  faithfully  complied  with  and  performed ;  and 
one  commissioner  to  be  known  as  the  "Waterworks  and 
Sewerage  Commissioner,"  who  shall  have  under  his  special 
charge  the  waterworks  and  sewerage  departments  of  such 
city,  and  shall  see  to  the  enforcement  of  all  regulations  with 
respect  to  said  departments,  and  with  respect  to  all  the  reve- 
nues pertaining  thereto;  and  one  commissioner  who  shall  be 
known  as  the  "Commissioner  of  Finance  and  Revenue,"  who 
shall  have  under  his  special  charge  the  enforcement  of  all 
laws  for  the  assessment  and  collection  of  taxes  of  every  kind 
and  the  collection  of  all  revenues  belonging  to  such  city,  from 
whatsoever  source  the  same  may  be  derived ;  and  who  shall 
also  examine  into  and  keep  informed  as  to  the  finances  of  such 
city. 

Sec.  13.  That  the  president  of  said  board  of  commissioners 
shall  be  the  executive  officer  of  said  city,  and  shall  see  that 
all  the  laws  thereof  are  enforced.  The  commissioner  named 
as  the  head  of  each  department  shall  audit  all  accounts  against 
it,  but  before  payment  they  shall  be  acted  upon  and  approved 
by  at  least  two  members  of  said  board  of  commissioners. 
Said  board  shall  require  a  statement  to  be  published  in  Janu- 
ary, April,  July  and  October  of  each  year,  in  the  official  news- 
paper of  said  city,  showing  a  full,  clear  and  complete  state- 
ment of  all  taxes  and  other  revenues  collected  and  expended, 
indicating  the  respective  sources  from  which  the  moneys  are 
derived,  and  also  indicating  the  disposition  made  thereof. 
All  legislative  sessions  of  said  board,  whether  regular  or 
called,  shall  be  open  to  the  public. 

Sec.  14.  That  whenever  the  president  of  the  board  of  com- 
missioners shall  deem  it  necessary,  in  order  to  enforce  the 
laws  of  the  city,  or  to  avert  danger,  or  protect  life  or  prop- 

10 


CITY   OF   GALVESTON.  SEC.  15-16. 

erty,  in  case  of  a  riot  or  any  outbreak,  or  calamity  or  public 
disturbance,  or  when  he  has  reason  to  fear  any  serious  viola- 
tion of  law  or  order,  or  any  outbreak,  or  any  other  danger  to 
said  city  or  the  inhabitants  thereof,  he  shall  summon  Into 
service,  as  a  special  police  force,  all,  or  as  many  of  the  citizens 
as  in  his  judgment  and  discretion  may  be  necessary  and 
proper ;  and  such  summons  ma}^  be  by  proclamation  or  order, 
addressed  to  the  citizens  generally,  or  those  of  any  ward  of 
the  city  or  subdivision  thereof,  or  such  summons  may  be  by 
personal  notification  ;  such  special  police,  while  in  service,  shall 
be  subject  to  the  orders  of  the  president  of  the  board  of  com.- 
missioners,  shall  perform  such  duties  as  he  may  require,  and 
shall  have  the  same  power  while  on  duty  as  the  regular  police 
force  of  said  city;  and  any  person  so  summoned,  and  failing 
to  obey,  or  appearing  and  failing  to  perform  any  duty  that 
may  be  required  by  this  act.  shall  be  fined  in  anr  suro  not 
exceeding  one  hundred  dollars. 

Sec.  15.  In  case  the  president  of  said  board  is  unable  Lo 
perform  the  duties  of  his  olifice  by  reason  of  temporary  or  con- 
tinued absence  or  sickness,  the  said  board  shall  appoint,  by 
ballot,  by  a  majority  vote  of  all  the  members  thereof,  one  of 
their  number  to  act  in  his  stead,  whose  official  designation 
shall  be  "Acting  President  of  the  Board  of  Commissioners," 
and  the  commissioner  so  appointed  shall  be  invested  with  all 
the  powers,  and  shall  perform  all  the  duties  of  the  president 
of  said  board,  during  such  absence  or  sickness,  and  shall  re- 
ceive the  salary  of  the  said  president  during  such  vacancy ; 
provided,  that  it  shall  continue  for  ten  days  or  longer,  and 
during  that  time  the  president  shall  receive  no  salary. 

Sec.  1G.  Said  board  of  commissioners  shall  meet  at  least 
once  every  week  in  regular  meeting,  at  such  time  as  shall  be 
fixed  by  said  board,  at  the  city  hall  or  other  designated  place 
in  such  city,  to  consider  and  take  under  advisement  and  act 
upon,  such  business  as  may  come  before  them.  A  majority 
of  such  board  as  appointed  and  elected  shall  constitute  a  c[uo- 
rum  for  the  transaction  of  all  business,  but  no  action  of  said 
commissioners  shall  be  eiTective  unless  upon  a  vote  of  a  ma- 
jority of  such  quorum ;  and  no  final  action  shall  be  taken  in 
any  matter  concerning  the  special  department  of  any  absent 

11 


Sec.  17-19.  cHARTE)i  of  the 

commissioner,  unless  such  business  has  been  made  a  special 
order  of  the  day,  or  such  action  is  taken  at  a  regular  meeting 
of  the  board.  Special  meetings  may  be  called  by  the  presi- 
dent of  such  board,  or  by  any  two  members  thereof,  at  any 
time,  to  consider  only  such  matters  as  shall  be  mentioned  in 
the  call  for  said  meeting,  and  writtten  notice  thereof  shall  be 
sfiven  to  each  member  of  said  board. 

Sec.  17.  The  board  of  commissioners  of  such  city  shall  be 
vested  with  the  power  and  charged  with  the  duty  of  making 
all  laws  or  ordinances  not  inconsistent  with  the  ("onstitution 
and  laws  of  this  State,  touching  every  object,  matter  and  sub- 
ject within  the  local  government  instituted  by  this  act. 

Every  ordinance  imposing  any  penalty,  fine,  imprisonment 
or  forfeiture  for  a  violation  of  its  provisions,  shall,  after  the 
passage  thereof,  be  published  in  every  issue  of  the  oflficial 
newspaper  for  ten  (10)  days  successively  (excluding  Sun- 
days) and  proof  of  such  publication  by  the  printer  or  pub- 
lisher of  such  newspaper  made  before  any  officer  authorized 
to  administer  oaths,  and  filed  with  the  secretary  of  the  board 
of  commissioners  or  any  other  competent  proof  of  such  pub- 
lication shall  in  all  courts  be  conclusive  evidence  of  the  legal 
publication  and  promulgation  of  such  ordinances. 

Ordinances  passed  by  the  board  of  commissioners  and  re- 
quiring publication,  shall  take  efifect  and  be  in  force  from  and 
after  the  tenth  publication  thereof,  unless  it  be  otherwise  ex- 
pressly provided  in  such  ordinance.  Ordinances  passed  by 
the  board  of  commissioners,  and  not  requiring  publication, 
shall  take  effect  and  be  in  force  from  and  after  their  passage, 
unless  it  shall  therein  otherwise  expressly  be  provided. 

Sec.  18.  The  style  of  all  ordinances  shall  be  "Be  it 
ordained  by  the  Board  of  Commissioners  of  the  City  of  Gal- 
veston," but  said  caption  may  be  omittted  when  said  ordi- 
nances are  published  in  book  form,  or  are  revised  and  digested. 

Sec.  19.  The  board  of  commissioners  at  their  first  meet- 
ing after  their  qualification,  or  as  soon  thereafter  as  possible, 
shall  select  the  following  officers,  towit:  A  treasurer;  an 
attorney;  a  recorder;  an  assessor  and  collector  of  taxes-  a 
chief  of  police ;  a  chief  of  the  fire  department ;  and  if  deemed 
necessary  by  said  board  also  an  assistant  chief  of  the  fire  de 

12 


CITY   OF   GALYESTCN.  SEC.  19b. 

partment ;  an  engineer,  who  shall  also  be  superintendent  of 
streets;  an  inspector  of  buildings;  an  auditor;  a  health  phy- 
sician; a  harbor  master;  a  sexton;  a  superintendent  of  the 
waterworks ;  and  an  engineer  of  the  waterworks ;  and  snch 
other  officers  and  agents  as  said  board  of  commissioners  shall 
direct.  All  said  officers  so  elected  shall  hold  their  offices  for 
two  years,  and  until  the  election  and  qualification  of  their 
successors,  unless  removed  by  the  said  board  of  commis- 
sioners, under  the  authority  vested  in  it  by  this  act. 

TREASURER. 

19b.  The  treasurer  shall  give  bond,  in  such  amount  and 
in  such  form  as  may  be  required  by  the  said  board,  in  a  sum 
not  less  than  one  hundred  thousand  (100,000)  dollars,  and  with 
two  or  more  good  and  sufficient  sureties,  to  be  approved  by  rhe 
president  of  the  board  and  the  commissioner  of  finance  and 
revenue,  said  bond  to  be  conditioned  for  the  faithful  dis- 
charge of  his  duties.  It  shall  be  his  duty  to  receive  and  keep, 
as  herein  provided,  all  money  belonging  to  said  city,  and  to 
pay  out  the  same  only  on  warrants  drawn  by  the  auditor,  and 
signed  by  the  president  of  said  board,  and  countersigned  by 
the  commissioner  of  finance  and  revenue  under  the  seal  of 
said  board,  and  not  otherwise.  All  moneys  belonging  to  said 
city,  and  received  by  any  officer  or  agent  thereof,  either  from 
collections,  fines  or  any  other  sources  whatsoever,  shall  be  by 
him  deposited  with  the  said  treasurer  daily.  For  all  moneys  re- 
ceived, the  treasurer  shall  give  duplicate  receipts  in  all*cases, 
one  to  the  party  paying  the  said  money  into  the  treasury  and 
one  for  the  auditor.  All  persons  charged  with  the  collection 
of  any  money  under  this  act,  or  ordinance  passed  in  pursuance 
thereof,  shall  promptly  pay  the  same  over  to  the  treasurer, 
under  such  penalty  as  may  be  prescribed  by  ordinance,  and 
shall  forthwith  hand  the  treasurer's  receipts  to  the  auditor, 
who  shall  countersign  the  original  receipt,  and  retain  the 
duplicate ;  and  the  party  paying  shall  then  hold  said  original 
receipt.  Said  treasurer  shall  render  a  full  and  correct  state- 
ment of  his  receipts  and  payments  to  the  board  of  .commis- 
sioners at  the  first  regular  meeting  of  the  board  of  commis- 

13 


Sec.  19c-19d.  charter  of  the 

sioners  in  each  month,  and  whensoever  at  other  times  he  may 
be  required  by  any  member  of  said  board  so  to  do. 

19c.  The  board  of  commissioners  shall  have  the  right  to 
require  of  the  treasurer  a  new  bond,  whenever  in  their  opinion 
the  existing  bond  is  insufficient,  and  whenever  such  new  bond 
is  required  he  shall  perform  no  official  act  until  said  bond 
shall  be  given  and  approved  in  the  manner  aforesaid. 

19d.  The  said  treasurer  shall  make  daily  deposits  of  such 
sums  of  money  as  shall  be  received  by  him  from  all  sources 
of  revenue,  whatsoever,  to  his  credit  as  treasurer  of  said  city, 
in  one  or  more  banks  situated  in  said  city,  to  be  selected  by 
the  president  of  said  board  of  commissioners,  the  commis- 
sioner of  finance  and  revenue,  and  the  treasurer  of  such  city, 
or  by  any  two  of  them,  and  any  such  bank,  before  any  such  de- 
posit is  made  therein,  shall  be  required  to  enter  into  an  obli- 
gation with  the  said  board  of  commissioners  to  pay  into  the 
treasury  of  such  city  interest  on  the  monthly  balances  of  such 
deposits  at  a  rate  to  be  fixed  by  the  president  of  said  board  of 
commissioners,  the  commissioner  of  finance  and  revenue,  and 
the  treasurer,  or  by  any  two  of  them,  and  which  rate  mav  be 
changed  in  the  same  manner — such  rate  to  be  not  less  than 
three  (3)  per  centum  per  annum,  and  shall  also  execute  a 
good  and  sufficient  bond,  with  sureties  to  be  approved  by  the 
president  of  said  board  of  commissioners,  and  conditioned 
that  such  bank  will  safely  keep  and  account  for,  and  pay  over 
said  money.  Said  president  of  the  board  of  commissioners, 
the  commissioner  of  finance  and  revenue,  and  the  treasurer, 
in  the  selection  of  any  such  depository  bank,  shall  take  into 
consideration  the  reputation  and  solvency  thereof,  and  the 
sufficiency  of  the  security  offered  by  such  bank.  All  interest 
paid  by  any  such  bank  upon  such  balances  shall  be  collected  bv 
the  treasurer  of  said  city,  and  shall  be  by  him  reported  in  his 
next  statement  following  such  collection,  and  shall  be  con- 
sidered and  treated  as  part  of  the  general  fund  of  such  city, 
subject  to  use  for  any  legitimate  municipal  purpose;  and  said 
treasurer  shall  do  and  perform  such  other  acts  as  such  board 
of  commissioners  may  require  of  him,  and  for  all  such  serv- 
ices he  shall  receive  such  salary  as  may  be  fixed  by  the  board. 


14 


CITY  OF   GALVESTON.  SeC.  19e. 

not  exceeding-  the  sum  of  twelve  hundred  dollars  (1200)  per 
annum,  payable  in  equal  monthly  installments. 

ASSESSOR    AND   COLLECTOR. 

19e.  The  assessor  and  collector  shall  make  up  all  the  assess- 
ments of  all  property  for  taxation  in  said  city,  including  the 
license  and  occupation  taxes,  and  make  rolls  thereof,  and  on 
completion  of  the  said  rolls  he  shall  report  the  same  to  said 
board  of  commissioners  for  their  action.  It  shall  be  the  duty 
of  said  board,  or  a  committee  thereof,  designated  for  that  pur- 
pose, one  of  whom  shall  be  the  commissioner  of  finance  and 
revenue,  to,  as  soon  as  the  assessment  rolls  of  taxes  due  the 
city  are  completed,  sit  as  a  board  of  equalization,  to  equalize 
the  taxes  assessed  on  said  rolls ;  and  in  addition  to  the  powers 
granted  them  by  this  act,  they  shall  also  have  the  same  powers 
and  perform  the  same  duties  as  the  county  commissioners' 
courts  of  this  State  in  regard  to  the  assessment  of  property 
for  taxation,  and  the  equalization  thereof,  and  shall  be  gov- 
erned in  their  procedure  and  acts  in  this  respect  as  is  now 
provided  by  the  laws  of  this  State  relating  to  the  equalization 
of  State  and  county  taxes  by  the  said  commissioners'  courts; 
provided,  however,  that  said  board  shall  not  sit  for  more  than 
thirty  (3O)  days  in  performing  the  duties  herein  described. 
It  shall  also  be  the  duty  of  the  said  assessor  and  collector  to 
make  out  a  list  of  all  property,  real  and  personal,  which  has 
not  been  given  in  for  assessment,  according  to  the  provisions 
of  this  act,  and  ordinances  made  in  pursuance  thereof,  and 
to  assess  the  same  in  the  name  of  the  owner,  if  he  be  known, 
and  if  not,  then  it  shall  be  assessed  by  description  of  the  prop- 
erty, and  by  the  name  of  the  last  known  owner;  and  the 
value  of  such  property  shall  be  determined  by  said  board  of 
commissioners,  sitting  as  a  board  of  equalization ;  and  such 
action  may  be  taken  to  enforce  the  collection  of  taxes  so  as- 
sessed, if  the  same  are  not  paid,  as  is  herein  prescribed  for 
the  collection  of  taxes  on  property  given  in  for  assessment. 
It  shall  also  be  the  duty  of  the  assessor  and  collector,  at  the 
expiration  of  the  time  fixed  by  ordinance,  for  the  rendition 
of  property,  to  ascertain  what  property  subject  to  taxation 
shall   be   by  him   presented   to   said  board   of   commissioners 

15 


Sec.  19f.  CHARTER   OF   THE 

for  equalization  and  valuation  by  said  board,  and  the  same 
shall  by  him  be  entered  in  a  supplement  to  the  assessment 
rolls  as  "unknown,"  specifying  the  year  for  which  said  tax 
is  not  paid  within  the  time  prescribed  by  law,  and  such  pro- 
ceedings may  be  had  to  enforce  the  collection  of  taxes  on 
such  property  which  has  been  given  in  for  assessment.  Said 
assessor  and  collector  shall  also  collect  all  taxes  levied  by 
this  act,  including  any  tax  levied  for  public  schools,  and  in 
the  collection  of  the  same  in  the  event  of  non-payment,  he 
shall  proceed  in  accordance  with  the  provisions  of  the  laws 
of  the  State  governing  the  collection  of  taxes,  and  shall  have 
the  right  to  employ  said  remedies  to  enforce  such  collections. 
He  shall  give  bond  in  such  amount  and  in  such  form  as  said' 
board  of  commissioners  may  provide,  in  a  sum  not  less  than 
twenty-five  thousand  (25,000)  dollars,  with  two  or  more  good 
and  sufficient  sureties,  to  be  approved  by  the  president  of 
said  board  and  the  commissioner  of  finance  and  revenue ;  and 
the  board  of  commissioners  shall  have  the  right  to  require 
a  new  bond  whenever  in  their  opinion  the  existing  bond  is 
insufficient,  and  whenever  such  new  bond  is  required  he  shall 
perform  no  official  act  until  said  bond  shall  be  given  and  ap- 
proved, in  the  manner  aforesaid.  He  shall  daily  pay  over 
to  the  treasurer  all  money  by  him  collected,  and  shall  report 
to  said  board  of  commissioners  at  the  first  meeting  of  that 
body  in  every  month  a  full  statement  of  all  moneys  so  col- 
lected and  paid  over  by  him  and  shall  perform  all  such  other 
duties,  and  in  such  manner,  according  to  such  rules  and  regu- 
lations, as  the  said  board  of  commissioners  may  prescribe. 
He  shall  receive  for  his  services  an  annual  salary  not  to  ex- 
ceed the  sum  of  eighteen  hundred  (1800)  dollars.  He  is 
authorized  to  require  the  owners  of  all  property  subject  to 
taxation  to  render  a  correct  account  of  the  same  under  oath, 
which  shall  be  administered  by  him. 

ATTORNEY. 

19f.  It  shall  be  the  duty  of  the  attorney  to  represent  the 
said  board  of  commissioners  in  all  cases  brought  for  or  against 
said  city  in  the  courts  of  the  State  or  of  the  United  States  in 
the  county  of  Galveston  or  elsewhere,  and  in  the  corporation 

16 


CITY   OF   GALVESTON.  SeC.  lOg. 

court  of  said  city.  When  requested  by  the  said  board  of 
commissioners,  or  any  member  thereof,  he  shall  in  writing 
give  legal  advice  on  all  questions  that  may  be  referred  to 
him,  and  shall  also  in  writing  advise  the  officers  of  said  city 
as  and  when  he  may  be  called  on  for  said  advice.  He  shall, 
when  requested,  prepare  all  ordinances ;  and  examine,  super- 
vise, prepare  and  approve  as  to  form,  all  contracts  made  by  or 
with  the  said  board  of  commissioners.  He  shall  receive  an  an- 
nual salary  not  to  exceed  twelve  hundred  ($1300)  dollars,  and 
such  commissions  as  may  be  allowed  by  said  board  of  commis- 
sioners ;  provided,  that  no  commissions  shall  be  allowed  said 
attorney  for  the  collection  of  taxes  except  in  such  suits  as 
may  be  designated  to  be  brought  by  the  commissioner  of 
finance  and  revenue,  and  in  such  cases  no  commission  shall 
be  allowed  exceeding  five  (5)  per  cent  on  the  amount  of  taxes 
collected  after  the  institution  of  such  suits.  He  shall  give 
bond  for  the  faithful  ])erformance  of  his  duties  in  the  sum 
of  five  thousand   ($5(»00)   dollars. 

AUDITOR. 

19g.  It  shall  be  the  duty  of  the  auditor  to  examine  in 
detail  all  bills,  accounts  and  claims  against  the  said  city, 
and  if  found  correct  sign  his  name  in  approval  thereof,  but 
if  found  incorrect  he  shall  return  them  to  the  party  pre- 
senting the  same  for  correction.  He  shall  be  the  general  ac- 
countant of  the  said  city,  and  shall  keep  in  books  regular 
accounts  of  all  real,  personal  or  mixed  property  of  the  said 
city ;  of  all  receipts  and  disbursements  of  money ;  and  under 
proper  heads,  separately,  each  source  of  receipt  and  the  cause 
of  each  disbursement;  and  shall  also  keep  an  account  with 
each  person,  including  the  officers,  who  have  money  trans- 
actions with  the  said  city,  crediting  amounts  allowed  by 
proper  authority,  and  specifying  the  particular  transaction 
to  which  such  entries  apply.  It  shall  also  be  his  duty  at  least 
once  in  each  month  to  examine  the  books  of  account  of  all 
officers  of  said  city  charged  with  the  receipt  and  disbursement 
of  money,  and  if  they  be  found  incorrect  to  at  once  make 
a  report  in  writing  of  the  same  to  the  commissioner  of  finance 
and  revenue.  It  shall  also  be  his  duty  to  examine  all  war- 
1-  17 


Sec.  19h-19i.  charter  or  the 

rants,  and  countersign  the  same  after  a.ppropriation  has  been 
duly  made  to  pay  the  same  by  said  board  of  commissioners; 
and  he  shall  render  such  other  services  from  time  to  time  as 
said  board  of  commissioners  may  direct.  He  shall  receive 
for  his  services  such  compensation  as  said  board  may  de- 
termine, not  to  exceed  fifteen  hundred  ($1500)  dollars  per 
annum,  and  shall  give  bond  for  the  faithful  performance  of 
his  duties  in  the  sum  of  ten  thousand  dollars  ($10,000)  with 
two  or  more  good  and  sufficient  sureties,  to  be  approved  by 
the  president  of  the  board  and  b}'  the  commissioner  of  finance 
and  revenue. 

HEALTH    PHYSICIAN. 

19h.  The  health  physician  shall  be  a  physician  in  active 
practice,  and  shall  be  charged  with  the  duty  of  enforcing  all 
quarantine  regulations  and  of  keeping  the  streets,  alleys  and 
sidewalks  of  said  city  in  a  sanitary  condition,  and  he  shall 
be  authorized  to  enter  all  houses  and  other  places,  private 
or  public,  at  all  times,  in  the  discharge  of  his  duties,  for  im- 
proving the  sanitation  of  said  city  and  the  prevention  and 
suppression  of  disease,  and  he  shall  have  the  power  to  abate, 
or  cause  to  be  abated,  all  nuisances  which  may  endanger  or 
afifect  the  health  or  comfort  of  said  city,  and  generally  to 
do  all  acts  and  make  all  regulations  that  may  be  necessary 
or  expedient  for  the  promotion  of  health  or  the  suppression 
of  disease.  He  shall  receive  an  annual  salary  of  not  to  ex- 
ceed one  thousand  ($1000)  dollars.  He  shall  give  bond  for 
the  faithful  performance  of  his  duties  in  the  sum  of  five 
thousand  ($5000)  dollars,  with  two  or  more  good  and  suf- 
ficient sureties,  to  be  approved  by  the  president  of  the  board 
and  by  the  commissioner  of  finance  and  revenue;  and  shall 
perform  such  other  duties  as  may  be  prescribed  by  said  board 
of  commissioners. 

ENGINEER. 

19i.  The  engineer  of  said  city  shall  be  a  professional  civil 
engineer,  and  it  shall  be  his  duty  to  ascertain  the  established 
monuments  of  such  city,  and  from  them  to  extend  the  sur- 
veys thereof  and  establish  others;  and  to  locate,  establish 
and   survey   all   private   property,    streets    and    alleys    within 

18 


CITY    OF   GALVESTON.  SeC.  19k. 

the  territorial  limits  of  said  city  when  called  on  or  required 
so  to  do.  He  shall  also  maintain  the  grade  of  all  streets  and 
alleys  in  such  city,  and  exercise  general  supervision  and 
superintendence  over  all  work  undertaken  on  the  streets, 
alleys  and  public  squares  thereof,  make  estimates  and  plans 
and  give  instructions  as  to  grading  or  otherwise  improving 
the  same,  and  with  respect  to  the  construction  of  sidewalks 
so  as  to  secure  and  preserve  proper  proportion  and  uniformity 
in  the  height  and  width  thereof;  and  also  superintend  and 
direct  the  construction  of  all  culverts,  bridges,  drains,  ditches 
and  other  improvements  projected  by  said  board;  and  he  shall 
see  that  all  parties  contracting  with  said  board  to  do  any 
work  as  aforesaid  shall  faithfully  perform  their  contract;  and 
in  the  event  of  their  failure  so  to  do  it  shall  be  his  duty  to  re- 
port the  same  to  the  president  of  said  board.  He  shall  also  have 
and  exercise  general  supervision  over  the  construction  of  all 
railways  which  may  at  any  time  be  constructed  through  the 
streets  of  said  city,  requiring  them  to  conform  to  the  estab- 
lished grade  so  as  not  to  impede  the  use  and  passage  of  said 
streets.  He  shall  have  the  right  and  it  shall  also  be  his  duty 
to  employ  all  laborers  and  workmen  upon  the  streets  and 
alleys,  and  upon  other  work  that  may  be  under  his  super- 
intendence, to  the  number  i)rescribed  by  said  board,  and  for 
the  compensation  fixed  by  it.  and  to  discharge  such  laborers 
and  workmen,  and  generally  to  have  charge  of  all  work  done 
on  such  streets  and  alleys,  and  from  time  to  time  to  make 
recommendations  to  said  board  as  to  necessary  improvements 
in  said  city;  and  he  shall  perform  such  other  duties  as  may 
be  prescribed  by  said  board.  He  shall  receive  for  his  services 
a  salary  to  be  prescribed  by  said  board,  not  to  exceed  twelve 
hundred  ($1200)  dollars  per  annum,  and  such  fees  as  may  be 
prescribed  by  said  board  for  making  surveys  and  fixing  bound- 
aries of  private  property,  which  fees  shall  be  paid  by  the 
owners  of  such  private  property. 

INSPECTOR    OF    BUILDINGS. 

l!»k.  The  inspector  of  buildings  shall  be  an  architect  or 
builder  of  at  least  five  years'  experience  in  the  active  practice 
of  his  profession,  and  shall  have  had  responsible   charge  of 

19 


Sec.  191.  chaetp:r  of  the 

work  for  at  least  that  length  of  time.  He  shall  have  the 
supervision  of  the  construction  of  all  buildings  erected  in  the 
said  city,  and  shall  see  that  the  building  laws  relating  to  the 
construction  of  said  buildings  and  the  materials  out  of  which 
said  buildings  are  constructed  shall  be  fully  complied  with; 
and  he  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinance,  not  inconsistent  with  this  act.  He  shall  be 
paid  a  salary  of  nine  hundred  dollars  ($900)  per  annum,  pay- 
able monthly.  It  shall  be  the  duty  of  said  inspector  to  visit 
and  inspect  all  theaters,  hotels,  public  halls,  churches,  school 
houses  and  buildings  used  for  public  assemblages,  and  all 
manufactories  employing  twenty-Lve  (25)  or  more  persons, 
now  erected,  or  that  may  hereafter  be  erected  in  the  said 
city,  for  the  purpose  of  ascertaining  if  said  buildings  have 
the  proper  means  of  exit  in  case  of  fire  or  panic,  and  if,  on 
examination,  the  said  inspector  shall  determine  that  said 
buildings  have  not  the  proper  means  of  exit  for  the  purposes 
herein  prescribed,  then  it  shall  be  his  duty  to  notify  in  writing 
the  owners,  trustees  or  lessees  of  said  l)uildings  to  so  im- 
prove the  same  as  to  provide  a  proper  means  of  exit  in  case 
of  fire  or  panic,  as  in  the  judgment  of  said  inspector  may  be 
deemed  proper  and  necessary ;  failure  or  refusal  to  comply 
with  such  notice  to  be  punished  as  may  be  provided  bv  ordi- 
nance. 

HARBOR    MASTER. 

191.  The  harbor  master  shall  have  the  power  to  regulate 
and  station  all  ships  or  other  vessels  in  the  harbor  or  harbors 
of  said  city,  and  at  the  wharves  thereof,  or  moored  or  anch- 
ored near  thereto,  and  to  superintend  and  enforce  the  ex- 
ecution of  all  rules  and  ordinances  regulating  the  clearing 
of  the  docks  in  said  city,  and  to  prevent  and  remove  all 
nuisances  about  them ;  to  prevent  the  filling  up  of  the  harbor 
and  channel  in  said  city  and  generally  to  direct  and  control 
the  manner  of  loading  and  unloading  the  vessels  at  the  docks 
or  wharves  in  said  city.  He  shall  receive  an  annual  salary 
of  not  exceeding  one  thousand  dollars  ($1000).  He  shall 
give  bond  for  the  faithful  performance  of  his  duties  in  the 
sum  of  five  thousand  dollars  ($5000)  with  two  or  more  good 
and   sufficient   sureties,  to  be   approved   by   the   president   of 

20 


CITY   OF   GALVESTON.  SEC.   19m-19ll. 

said  board  and  by  the  commissioner  of  finance  and  revenue, 
and  to  perform  such  other  duties  as  may  be  prescribed  by  said 
board  of  commissioners. 

SUPERINTENDENT   OF    WATERWORKS. 

19m.  The  superintendent  of  waterworks  shall  have  full 
charge  of  the  city  waterworks  and  city  sewerage  system  and 
all  property  connected  therewith,  and  shall  manage  and  con- 
trol the  same.  He  shall  inspect  all  parts  of  said  waterworks 
and  sewerage  S3'stem  and  see  that  they  are  maintained  in 
good  condition  for  use  and  are  being  properly  cared  for,  and 
that  all  employes  of  the  waterworks  and  sewerage  depart- 
ment are  attending  to  their  respective  duties.  He  shall  keep 
in  good  repair  the  pumps,  machinery,  hydrants  and  all  other 
waterworks  and  sewerage  fixtures  and  property.  He  shall 
employ  all  laborers  in  said  department,  except  the  engineer 
of  said  waterworks,  to  the  number  prescribed  by  said  board 
and  for  the  compensation  provided  by  law  or  ordinance  or 
resolution,  and  shall  have  power  to  discharge  the  same.  The 
superintendent  shall  perform  all  such  other  duties  as  may 
be  prescribed  by  the  l^oard  of  commissioners  by  ordinance 
or  resoUition,  and  shall  receive  for  his  services  the  sum  of 
twelve  hundred  dollars  ($1"300)  per  annum,  payable  in  equal 
monthly  installments.  The  engineer  of  said  waterworks 
shall  perform  such  duties  as  may  be  prescribed  by  the  board 
of  coiumissioners,  by  ordinance  or  resolution,  and  shall  re- 
ceive for  his  ser\-ices  the  sum  of  twelve  hundred  dollars 
(Sl"-30(>)  })cr  annum,  payable  in  ecpial  monthly  installments. 

SEXTON. 

19n.  It  shall  be  the  duty  of  the  sexton  to  exercise  a  gen- 
eral superintendence  over  all  cemeteries  in  such  city,  whether 
belonging  to  said  city  or  not.  He  shall  keep  a  registry  of  all 
burials  and  the  location  thereof  in  said  cemeteries,  of  all 
persons  buried  within  the  territorial  limits  of  said  city,  and 
keep  all  walks  in  the  cemeteries  belonging  to  said  city  in 
good  condition  and  free  from  rubbish  and  generally  to  have 
charge  of  the  interment  of  all  bodies  within  said  city.  He 
shall  perform  such  other  duties  as  may  be  required  of  him 

21 


Sec.  20.  charter  of  the 

by  said  board  of  commissioners,  and  shall  receive  for  his 
services  not  more  than  one  thousand  dollars  ($1000)  per  an- 
num, to  be  paid  in  equal  monthly  mstallments.  and  such  fees 
as  may  be  allowed  by  ordinance. 

Sec.  20.     Said  board  of  commissioners  shall  have  full  povver 
and  authority  to  establish  and  maintain  a  police  department, 
to  be  composed  of  a  chief  of  police,  two  sergeants  and  such 
number  of  patrolmen  or  policemen  as  such  board  may  deem 
necessary,  said  officers  and   members  of  said   police   depart- 
ment to  be  appointed,  and  their  compensation  and  duties  to 
be  fixed,  defined  and  regulated  as  hereinafter  provided,  and 
shall  also  have  power  and  authority  to  establish  and  main- 
tain a  fire  department,  to  procure  fire  engines  and  other  ap- 
paratus for  the  extinguishment  of  fires,  and  provide   engine 
houses  for  keeping  and  preserving  the  same ;  and  said  fire  de- 
partment shall  be  composed  of  a  chief  of  the  fire  department, 
as  assistant  chief  of  the   fire   department,   and   such   number 
of  firemen   as   said  board   may   deem   necessary,   the   officers 
and   members  of   said   fire   department   to   be   appointed    and 
their  compensation  and  duties  to  be  fixed,  defined  and  regu- 
lated as  hereinafter  provided.     At  the  first  meeting  of  said 
board  of  commissioners  after  their  ([ualification.  or  as  soon 
as   possible  thereafter,   it   shall   be   the   duty   of   the   commis- 
sioner who  may  be  selected  as  police  and  fire  commissioner 
to   prepare   and   present   to   the   board   of    commissioners,    in 
writing,   his    recommendations    of    persons    for    a])pi)inlnu'nt. 
both  in  said  police   and   fire   departments,   based   on    the   in- 
tegrity of  character  and  physical  and   intellectual   capacities 
of  the  applicants  for  such  positions,  and   the   said  board   of 
commissioners  shall,  upon   receiving  such   recommendations, 
select  therefrom  proper  persons  to  fill  such  positions  in  the 
departments   respectively   as   may  be   by   them   deemed   wise 
and  necessary ;  and  upon  the  failure  or  refusal  of  said  police 
and   fire   commissioner   to   present   said   recommendations   at 
the  second  regular  meeting  of  said  board  it  shall  thereafter 
proceed  to  elect  proper  persons  to   fill  such   positions;   pro- 
vided,  however,   that   so   far   as   it   may   be    practicable    and 
consistent   with   good   order,   discipline   and   improvement   of 
the  public  service,  it  shall  be  the  duty  of  said  i)olice  and  fire 


CITY  OF   GALVESTON,  SeC.  20. 

commissioner  to  prefer  in  recommendations  to  said  board 
for  appointment  to  the  police  and  fire  departments,  respect- 
ively, those  men  who  have  proved  themselves  capable,  good 
and  efficient  in  the  performance  of  their  duties,  and  the  said 
board  shall  give  due  weight  to  such  recommendations ;  pro- 
vided, however,  that  the  chief  of  police  and  chief  of  the  fire 
department  shall  have  the  power  to  temporarily  suspend  any 
subordinate  officer  or  member  of  their  departments,  re- 
spectively, for  reasons  satisfactor}^  to  said  chief  of  police  or 
fire  department,  as  the  case  may  be,  and  to  appoint  some 
person  to  discharge  the  duties  of  such  suspended  officer  or 
member  until  the  grounds  of  such  suspension  can  be  inquired 
into  by  the  police  and  fire  commissioner;  and  it  shall  be  the 
duty  of  the  chief  in  whose  department  such  suspension  shall 
occur,  to  report  the  same  in  writing  within  three  (3)  days, 
with  the  reasons  therefor,  to  the  said  police  and  fire  com- 
missioner, and  also  to  furnish  such  suspended  officer  or  mem- 
ber with  a  copy  thereof  within  like  time.  Said  police  and 
fire  commissioner  is  hereby  invested  with  exclusive  juris- 
diction to  hear  and  determine  any  and  all  charges  against  any 
member  of  the  police  and  fire  department  for  infractions  of 
discipline,  disobedience  of  orders,  incompetency,  corruption, 
malfeasance  or  nonfeasance  in  office,  for  violation  of  any  of 
the  rules  or  regulations  prescribed  for  the  government  of  said 
police  and  fire  department,  or  for  any  conduct  unbecoming 
an  officer  or  member  of  the  said  departments,  respectively, 
and  e\-ery  officer  and  member  of  the  police  and  fire  depart- 
ments shall  obc}'  all  lawful  rules  and  regulations  prescribed 
by  said  board  of  commissioners  for  the  government  of  said 
police  and  fire  departments  on  pain  of  dismissal,  or  such 
lighter  punishment,  either  by  suspension,  reduction,  or  for- 
feiture of  pay,  or  otherwise,  as  the  said  police  and  fire  com- 
missioner may  adjudge;  provided,  however,  that  all  charges 
or  complaints  against  the  chief  of  police  or  the  chief  of  fire 
department  shall  be  heard  and  determined  by  said  board  of 
commissioners  as  provided  in  this  act  in  case  of  trials  be- 
fore said  board  of  commissionefs.  In  case  of  any  charges 
or  complaints  made  under  the  provisions  of  this  section 
against  any  member  of  said  fire  or  police  department,  widiin 

23 


Sec.  20.  charter  of  the 

the  jurisdiction  of  the  police  and  fire  commissioner,  he  shall 
have  the  power  to  administer  oatiis.  lo  summon  and  compel 
the  attendance  of  witnesses  before  him,  and  to  examine  such 
witnesses  upon  any  matter  where  it  may  be  necessary  to 
the  discharge  of  his  duties.  The  chief  of  police  shall  attend 
upon  the  court  which  may  be  designated  by  law  for  the  trial 
of  offenses  arising  under  this  act,  or  under  any  ordinance, 
rule  or  regulation  enacted  by  the  board  of  commissioners 
pursuant  to  this  act,  and  shall  promptly  and  faithfully  execute 
all  writs  and  process  issuing  from  said  court.  He  shall  be 
the  chief  police  oflficer  of  -said  city  and  shall  have  like  power 
with  the  sheriff  of  the  county  to  execute  the  writ  of  search 
warrant;  he  shall  be  active  in  quelling  riots,  disorders  and 
disturbances  of  the  peace  within  the  limits  of  the  said  city, 
and  shall  take  into  custody  all  persons  so  oflfending  against 
the  public  peace ;  and  shall  have  the  authority  to  take  suitable 
and  sufffcient  bail  for  the  appearance  before  said  court  of 
any  person  charged  with  an  offense  within  the  jurisdiction 
of  said  court ;  and  it  shall  be  his  duty  to  arrest  all  persons 
who  shall  obstruct  or  interfere  with  him  in  the  execution  of 
the  duties  of  his  office,  or  who  shall  be  guilty  of  disorderly 
conduct,  or  any  disturbance  whatever.  To  prevent  a  breach 
of  the  peace,  or  to  preserve  quiet  and  good  order,  he  shall 
have  authority  to  close  any  theater,  barroom,  ballroom,  drink- 
ing house  or  any  other  place  or  building  of  public  resort,  and 
in  the  prevention  and  suppression  of  crime  and  the  arrest 
of  offenders  within  said  city,  he  shall  have,  possess,  and 
execute  like  power,  authority  and  jurisdiction  as  a  sheriff 
of  a  county  under  the  laws  of  this  State.  He  shall  receive 
a  salary  of  not  exceeding  fifteen  hundred  dollars  ($1500)  per 
annum.  He  shall  give  such  bond  for  the  faithful  perform- 
ance of  his  duties,  and  perform  such  other  duties,  and  possess 
such  other  powers,  rights  and  authority,  in  addition  to  those 
herein  provided,  as  the  board  of  commissioners  may  require 
and  confer  upon  him,  not  inconsistent  with  the  Constitution 
and  laws  of  this  State,  and  the  provisions  of  this  act.  In 
case  of  the  absence,  sickness  or  inability  to  act,  of  the  chief 
of  police,  said  police  and  fire  commissioner  shall  have  the 
power,  and  it  shall  be  his  duty,  to  designate  some  other  mem- 

24 


CITY    OF   GALVESTON.  SEC.  21-22. 

ber  of  said  police  department  as  acting  chief  of  police  dur- 
ing the  period  of  such  absence,  sickness  or  inability  to  act, 
of  said  chief  of  police.  The  chief  of  the  fire  department  shall 
be  charged  with  the  duty  of  superintending  and  directing 
the  extinguishing  of  fires  and  the  preservation  and  safe 
keeping  of  all  lire  engines,  hose  and  other  apparatus  used 
in  connection  therewith ;  he  shall  have  the  power,  and  it  is 
hereb}^  made  his  duty,  to  keep  away  from  the  vicinity  of 
any  fire  all  idle,  disorderly  and  suspicious  persons,  and  to 
compel  all  officers  of  the  city  and  all  other  persons  to  aid 
in  the  extinguishment  of  fires  and  the  preservation  of  prop- 
erty exposed  to  danger  thereat,  and  in  preventing  goods  from 
being  stolen,  and  generally,  to  carry  out  and  enforce  such 
regulations  for  the  prevention  and  extinguishment  of  fires  as 
may  be  by  said  board  of  commissioners  deemed  expedient. 

The  chief  of  the  fire  department  shall  receive  as  compen- 
sation for  his  services  the  sum  of  fifteen  hundred  dollars 
($1500)  per  annum,  and  the  assistant  chief  of  the  fire  de- 
partment shall  receive  as  compensation  for  his  services  the 
sum  of  twelve  hundred  dollars  per  annum  ($1200)  payable 
in  equal  monthly  installments. 

Sec.  21.  Said  board  of  commissioners  shall  have  power 
from  time  to  time  to  require  further  and  other  duties  of  all 
officers  whose  duties  are  herein  prescribed,  and  to  define  and 
prescribe  the  powers  and  duties  of  all  officers  elected  to  any 
office  under  this  act,  whose  duties  are  not  herein  specially 
mentioned,  and  to  fix  their  compensation  when  not  herein 
fixed.  They  shall  also  require  bonds  to  be  given  to  said 
city  by  all  officers  for  the  faithful  performance  of  their  duties, 
and  shall  require  a  new  bond  from  any  officer,  whenever  in 
the  judgment  of  said  board,  the  existing  bond  is  insufficient, 
and  whenever  such  new  bond  is  required  he  shall  perform 
no  official  act  until  said  bond  shall  be  given  and  approved 
as  provided  in  this  act.  The  board  of  commissioners  shall 
provide  for  the  filling  of  vacancies  in  all  offices  not  herein 
provided  for,  and  in  all  cases  of  vacancy  the  same  shall  be 
filled  only  for  the  unexpired  term. 

Sec.  22.  That  the  present  officers  and  employes  of  said 
city  of  Galveston  shall  continue  in  office  and  in  the  exercise 

25 


Sec.  23-28.  charter  of  the 

of  their  functions  until  the  board  of  commissioners  pro- 
vided for  herein  are  appointed  and  elected  as  herein  pro- 
vided and  qualified  and  shall  otherwise  provide. 

Sec.  23.  All  ordinances,  regulations  or  resolutions  now 
in  force  in  the  city  of  Galveston  and  not  in  conflict  with  this 
act,  shall  remain  in  force  under  this  act  until  altered,  modi- 
fied or  repealed  by  the  board  of  commissioners. 

Sec.  24.  No  salary  not  fixed  or  limited  in  this  act  shall 
ever  exceed  nine  hundred  dollars  ($900)  per  annum  for  any 
office  which  said  board  of  commissioners  are  authorized  to 
create  under  the  provisions  hereof,  and  no  officer  shall  re- 
ceive fees  or  commissions  except  as  herein  provided. 

Sec.  2.5.  The  duration  of  all  offices  created  by  this  act. 
or  by  any  ordinance  pursuant  to  this  act,  passed  by  the  board 
of  commissioners  of  said  city,  shall  never  exceed  two  years; 
provided,  nevertheless,  that  the  incumbent  of  any  such  office 
shall  continue  to  perform  the  duties  thereof  until  his  suc- 
cessor is  duly  qualified.  In  case  of  vacancy  in  the  board  of 
commissioners  of  said  city  such  vacancy  shall  be  filled  in 
the  manner  provided  in  section  ten  of  this  act  for  the  un- 
expired term,  and  in  case  of  vacancy  in  any  other  office  in 
said  city  the  board  of  commissioners  thereof  shall  fill  such 
vacancy  for  the  unexpired  term. 

Sec.  26.  The  health  physician,  attorney,  engineer,  auditor 
and  chiefs  of  police  and  fire  departments  shall  attend  all 
regular  meetings,  of  the  board  of  commissioners  and  any 
special  meeting  of  said  board  at  which  their  presence  may 
be  requested  by  any  member  of  the  board.  They  shall  have 
the  privilege  of  participating  in  the  discussion  of  matters 
relating  to  their  respective  departments,  but  shall  have  no 
vote. 

Sec.  27.  All  official  bonds  required  under  this  act,  except 
the  bonds  of  the  members  of  the  board  of  commissioners, 
shall  be  made  payable  to  the  city  of  Galveston,  and  shall 
be  in  such  form  and  with  such  sureties  as  the  board  of  com- 
missioners may  prescribe. 

Sec.  28.  It  shall  not  be  necessary  in  any  action,  suit  or 
proceeding  of  any  kind  in  which  the  city  of  Galveston  is  a 
party,  for  any  bonds,  undertaking  or  security  to  be  executed 

26 


CITY   OF   GALVESTON.  SeC.  29-32. 

by  or  in  behalf  of  said  city,  but  all  such  actions,  suits,  ap- 
peals or  proceedings  shall  be  conducted  in  the  same  man- 
ner as  if  such  bond,  undertaking  or  security  had  been  given, 
and  said  city  shall  be  liable  to  the  same  extent  as  if  they 
had  been  duly  given  and  executed. 

Sec.  29.  Said  board  of  commissioners  are  hereby  author- 
ized to  reduce  the  number  of  employes  in  any  department 
of  said  city,  to  remove  from  office  in  accordance  with  the 
provisions  of  this  act  any  officer  or  employe  appointed  by 
said  board,  and  to  make  appointments  to  any  office  under 
them  authorized  by  this  act.  in  the  manner  herein  provided. 

Sec.  30.  All  funds,  evidences  of  indebtedness,  bo')ks, 
papers  and  other  property  belonging  to  said  city,  in  the 
hands  of  the  city  treasurer  at  the  time  this  act  takes  effect, 
shall  be  held  and  retained  by  him,  and  he  and  his  sureties 
shall  be  held  responsible  therefor  until  the  same  be  paid  or 
delivered  to  the  treasurer  elected  by  said  board  of  commis- 
sioners. 

Sec.  31.  All  of  the  officials  of  said  city  charged  with  dis- 
bursing, safe  keeping,  or  performing  any  other  acts  touching 
the  taxes  or  other  revenues  of  said  city,  now  due  or  that 
may  hereafter  become  due,  shall  be  liable  for  any  and  all 
breaches  of  duty  touching  the  same,  as  are  the  State  and 
county  officials  in  regard  to  like  services  and  acts ;  and  ma}' 
be  proceeded  against  criminally  and  civilly  in  the  same  way. 
It  shall  be  the  duty  of  the  district  attorney  of  the  district 
in  which  said  city  of  Galveston  is  situated,  to  enforce  all 
such  remedies,  civilly  and  criminally,  just  as  in  the  case  of 
State  officers ;  provided,  that  nothing  in  this  section  shall 
impair  the  jurisdiction  of  the  board  of  commissioners  in  re- 
spect to  such  oflfenses,  as  provided  in  this  act,  but  all  such 
remedies  shall  be  deemed  and  held  to  be  cumulative. 

Sec.  32.  The  board  of  commissioners  shall  have  power 
to  remove  any  officer  for  incompetency,  inefficiency,  corrup- 
tion, malconduct,  malfeasance  or  nonfeasance  in  office,  or 
such  other  causes  as  may  be  prescribed  by  ordinance,  after 
due  notice  in  writing  and  opportunity  to  be  heard  in  his 
defense,  under  the  rules  and  regulations  hereinafter  set  forth ; 
provided,  however,  that  by  the  word  "officer"  as  used  in  this 

27 


Sec.  33.  charter  of  the 

section,  is  meant  all  officers  appointed  or  selected  by  said 
board  of  commissioners,  except  policemen  and  firemen. 

That  whenever  charges  are  preferred  in  writing  and  filed 
with  the  president  of  said  board  by  any  person  against  any 
such  officer  for  any  or  all  of  the  offenses  named  or  provided 
for  as  above,  it  shall  be  his  duty  to  have  the  accused  duly 
served  with  a  copy  of  such  charges,  and  shall  set  a  day  to 
inquire  into  the  truth  of  such  charges,  and  shall  notify  the 
accused  and  the  other  members  of  said  board,  and  the  wit- 
nesses for  and  against  the  accused,  to  be  present,  and  the 
said  board  of  commissioners  shall  constitute  a  court  to  try 
and  determine  said  case,  and  they  are  hereby  invested  with 
exclusive  jurisdiction  to  hear  and  determine  said  charges,  and 
may  continue  the  investigation  from  day  to  day,  upon  proper 
showing,  to  enable  the  accused  or  prosecutor  to  get  material 
evidence  before  said  board.  The  accused  shall  have  the  right 
to  be  heard  in  person  or  by  counsel,  and  said  board  shall 
likewise  be  represented  by  counsel,  if  they  desire  it.  Upon 
the  conclusion  of  the  investigation  and  argument  of  the  case 
a  vote  shall  be  taken  on  each  charge  and  specification,  and 
if  a  majority  of  all  the  members  of  said  board  vote  to  sus- 
tain either  of  the  charges  against  the  accused,  it  shall  be  the 
duty  of  the  president  of  said  board  to  enter  up  the  judgment 
of  the  court,  in  which  he  shall  record  the  vote  of  each  mem- 
ber of  said  board  upon  the  several  charges  and  specifications, 
and  shall  also  include  in  said  judgment  an  order  removing 
the  accused  from  his  office  and  declaring  the  same  vacant, 
but  if  the  vote  is  otherwise  the  accused  shall  be  declared 
"not  guilty,"  and  judgment  entered  accordingly. 

Sec.  33.  The  hospital  in  said  city  known  as  the  John  Sealv 
Hospital  shall,  so  long  as  the  same  is  under  lease  from  the 
State  to  the  city,  be  under  the  exclusive  control  of  a  board 
of  managers  to  be  known  as  the  "John  Sealy  Hospital 
Board,"  and  to  consist  of  five  members,  to  be  chosen  or  ap- 
pointed as  hereinafter  provided  every  two  years,  and  within 
thirty  days  after  the  installation  of  each  new  board  of  com- 
missioners. Two  of  the  members  of  the  said  hospital  board 
shall  be  selected  from  said  board  of  commissioners,  the  mem- 
bers so  selected  to  be  the  commissioner  of  finance  and  reve- 

.  28 


CITY   OF   GALVESTON.  SeC.  33. 

nue  and  commissioner  of  streets,  alleys,  etc.,  two  to  be  named 
or  selected  by  the  board  of  regents  of  the  University  of  the 
State,  and  the  fifth  member  to  be  named  or  selected  by  these 
four ;  provided,  however,  that  all  members  of  said  John  Sealy 
Hospital  board  shall  be  resident  citizens  of  said  city  of  Gal- 
veston ;  and  provided  further,  that  in  case  a  majority  of  said 
four  can  not  agree  upon  the  fifth  member,  then  such  fifth 
member  shall  be  named  or  designated  by  the  president  of 
the  board  of  commissioners.  The  said  John  Sealy  Hospital 
board  shall  have  the  exclusive  right  to  appoint  the  house 
surgeon,  steward,  matron,  nurses  and  such  other  subordi- 
nate officers  and  employes  of  said  hospital  as  may  be  re- 
Cjuired  for  properly  carrying  on  or  conducting  the  same ;  to 
designate  the  duties  of  such  subordinate  officers  and  em- 
ployes; to  determine  their  salaries  and  compensation,  and 
change  the  same,  and  to  suspend  or  discharge  them;  pro- 
vided always,  that  the  said  hospital  board  shall,  in  no  event, 
exceed  in  any  c^nc  year  in  their  expenditures  the  annual  al- 
lowance set  apart  by  the  board  of  commissioners  for  de- 
fraying the  expenses  thereof ;  and  the  said  board  of  com- 
missioners, as  long  as  said  hospital  is  under  lease  from  the 
State  to  the  said  city,  or  is  in  any  way  responsible  for  such 
expenses,  shall  have  the  exclusive  right  to  determine  and 
regulate  the  amount  to  be  expended  in  carrying  on  or  in 
conducting  the  said  hospital.  The  said  John  Sealy  Hospital 
board  shall  have  the  exclusive  right  to  prescribe  rules  and 
regulations  for  the  management  and  conduct  of  the  hospital, 
and  shall  have  the  exclusive  management  and  control  of  its 
internal  government.  The  board  of  health  of  the  city  of 
Galveston,  acting  through  the  health  physician  of  said  city, 
shall  have  the  sole  and  exclusive  right  and  authority,  whilst 
the  city  is  such  lessee,  to  determine  and  designate  what  per- 
son or  persons  may  be  admittted  as  charity  patients  into 
said  hospital.  Patients  who  pay  for  hospital  services  ren- 
dered them  may,  however,  be  received  into  said  hospital 
under  rules  and  regulations  to  be  prescribed  by  said  hospital 
board ;  provided  always,  that  applications  for  admittance  into 
said  hospital  for  treatment  as  charity  patients,  with  written 
permits  to  that  effect  signed  by  the  health  physician  of  the 

29 


Sec.  33.  charter  of  the 

city  of  Galveston,  shall  have  precedence  over  all  others  ap- 
plying for  admittance  therein. 

The  financial  affairs  of  said  hospital,  so  long  as  the  city 
of  Galveston  is  such  lessee,  shall  be  under  the  exclusive 
control  of  said  board  of  commissioners,  and  the  said  hospital 
board  shall  furnish  to  the  said  board  of  commissioners  at  its 
regular  meeting  in  February  of  each  year  during  said  lease 
an  itemized  statement  or  estimate  of  the  various  ofificers 
and  assistants  and  the  nurses  and  other  employes  and  their 
salaries  and  wages,  and  the  nature  and  amount  of  all  other 
expenses  necessary  to  the  proper  management  and  main- 
tenance of  said  hospital  for  th--.  twelve  months  next  there- 
after ensuing,  which  statement  or  estimate  shall  be  subject 
to  revision,  alteration,  modification  and  reduction  by  said 
board  of  commissioners ;  and  no  expense  or  liability  not  pro- 
vided for  in  said  estimate  or  statement  as  finally  aporoved 
and  adopted  by  said  board  of  commissioners  shall  be  in- 
curred by  said  hospital  board,  or  any  subordinate  in  the 
management  of  said  hospital,  unless  the  approval  of  the 
board  of  commissioners  in  that  regard  shall  have  first  been 
obtained.  All  moneys  or  revenues  arising  from  hospital  serv- 
ice in  said  institution  during  such  lease  shall,  as  collected, 
be  paid  into  the  city  treasury  as  a  part  of  the  revenues  of 
said  city. 

The  said  hospital  board  shall  keep  and  preserve  or  cause 
to  be  kept  and  preserved,  in  well-bound  books,  accurate 
minutes  of  its  meetings  and  proceedings ;  also,  in  like  man- 
ner a  roster  of  all  visiting  physicians  and  surgeons,  and  all 
officers,  employes  and  internes  of  said  hospital,  and  in  what 
capacity  serving,  with  dates  of  entering  service  and  of  dis- 
charge therefrom,  length  of  time  employed  and  salaries  and 
wages  allowed;  and  also  a  hospital  register,  showing  name, 
age,  sex,  nationality  and  residence  of  each  and  every  person 
admitted  as  a  patient,  disease  at  the  date  of  admittance  or 
supervening  while  in  hospital,  dates  of  admittance,  dates  of 
discharge  or  death  of  all  patients  admitted  into  said  hos- 
pital for  treatment,  the  authority  for  the  admittance  of  each 
patient,  and  the  rate  charged  each  and  every  pay  patient; 
and   the    house    surgeon   or   other   officer    in    charge    of    said 

30 


CITY  OF   GALVESTON.  SeC.  34. 

hospital  shall  keep,  or  cause  to  be  kept,  in  well-bound  books, 
correct  and  accurate  accounts  of  all  receipts  and  disburse- 
ments for  account  of  said  hospital,  and  shall  render,  under 
oath,  to  the  said  board  of  commissioners,  through  the  said 
hospital  board,  monthly  reports  or  statements  showing,  for 
the  month  then  ending  all  receipts  and  disbursements,  with 
proper  vouchers ;  also  the  number  and  names  of  all  patients 
received,  the  respective  dates  of  admittance,  and  whether 
charity  patients  or  pay  patients ;  the  number  and  name  of 
all  patients  that  have  been  discharged,  or  have  died  during 
the  month  ;  the  disposition  made  of  the  bodies  of  all  patients 
who  have  died  during  the  month;  and  the  names  of  all 
officers  and  employes,  in  what  capacity  serving,  and  at  what 
salary  or  wages,  respectively.  The  medical  staff  of  the  John 
Seal}'  Hospital  shall  be  constituted  of  the  house  surgeon, 
to  be  selected  as  above  provided,  and  during  said  lease  com- 
pensated by  the  city;  of  the  visiting  physicians  and  surgeons, 
to  be  designated  by  the  board  of  regents  of  the  University 
of  the  State  of  Texas,  from  the  faculty  of  the  medical  de- 
partment thereof,  but  who  are  to  receive  no  compensation 
from  the  city  for  their  services;  and  of  two  or  more  students 
from  the  medical  branch  of  said  University,  to  serve  as  in- 
ternes, and  to  be  selected  by  said  board  of  regents ;  the 
number  and  duties  of  the  internes  to  be  determined  by  said 
hospital  board,  and  said  internes  to  receive  for  their  services 
only  their  board  and  lodging  in  said  hospital.  The  officers 
in  charge  of  said  hospital  shall,  at  all  times,  admit  for  the 
purpose  of  inspection,  any  member  of  the  board  of  com- 
missioners, or  any  member  of  the  board  of  health  of  said 
city,  charged  with  the  duty  of  visiting  or  inspecting  said 
hospital,  and  in  like  manner  the  regents  of  the  said  Uni- 
versity or  their  authorized  agents.  All  the  members  of  said 
hospital  board,  as  also  the  house  surgeon,  shall  before  en- 
tering upon  their  respective  duties,  take  the  oath  of  office 
as  prescribed  by  the  Constitution  of  the  State  of  Texas. 

Sec.  34.  That  the  local  government  established  by  this 
act  shall  have  power : 

To  make  regulations  to  prevent  the  introduction  of  con- 
tagious diseases  into  the  city ;  to  make  quarantine  laws  for 

31 


g,i;e,  34.  CHARTER   OF   THE 

that  purpose  and  to  enforce  them  within  the  city  and  within 
ten  (10)  miles  thereof. 

(1).  To  have  the  exchisive  control  and  power  over  the 
streets,  alleys,  highways  and  public  grounds,  and  to  abate 
and  remove  encroachments  or  obstructions  thereon  ;  to  open, 
alter,  widen,  extend,  establish,  regulate,  grade,  clean  and 
otherwise  improve  the  same;  and  to  put  drains  and  sewers 
therein,  and  to  prevent  the  incumbering  thereof  in  any  man- 
ner, and  to  protect  the  same  from  any  encroachment  or  in- 
jury, and  to  regulate  and  alter  the"  grade  of  premises,  and 
to  require  the  filling  up  and  raising  of  the  same  to  such  grade 
as  may  be  established  under  the  provision  of  this  act. 

(2).  To  provide  for  lighting  the  streets  and  to  regulate 
the  lighting  thereof,  and  to  exclusively  regulate,  direct  and 
control  the  laying  and  repairing  of  gas  pipes  and  fixtures  in 
the  streets,  alleys,  and  sidewalks  thereof. 

(3).  To  erect  and  establish  hospitals,  and  control  and 
regulate  the  same. 

(4).  To  regulate  the  inspection  and  vending  of  fresh  meats 
and  all  other  provisions,  and  to  make  such  rules  and  regula- 
tions in  relation  to  butchers  and  other  vendors  of  provisions 
as  may  be  deemed  necessary  and  proper. 

(5).  To  prevent,  prohibit,  and  suppress  immoderate  riding 
or  driving  in  the  streets,  and  to  prohibit  and  punish  the  abuse 
of  animals,  and  to  compel  persons  to  fasten  horses  and  other 
animals  while  standing  or  remaining  in  the  streets. 

(6).  To  restrain  and  punish  vagrants,  mendicants,  beg- 
gars and  prostitutes,  and  to  cause  the  arrest  of  all  vagrants, 
tramps,  drunken  or  disorderly  persons  within  said  city,  and 
to  provide  for  the  punishment  of  the  same  by  fine  or  other- 
wise. 

(7).  To  arrest  and  confine  for  trial,  or  take  bond  for  the 
appearance  at  trial,  of  all  persons  charged  with  ofifenses  which 
are  punished  as  misdemeanors  by  the  laws  of  the  State  of 
Texas,  or  said  local  government. 

(8).  To  compel  all  owners,  tenants  or  occupants  of  im- 
proved property  in  all  instances  that  may  be  deemed  neces- 
sary  for   good    sanitation,   to   construct    sanitary    appliances, 

32 


CITY   OF   GALVESTOX.  SEC.  34. 

and  to  connect  the  same  with  water  and  sewer  mains  or 
pipes. 

(9).  To  direct  and  determine  in  what  part  of  said  city 
buildings  of  wood  shall  not  be  erected ;  to  regulate  and  es- 
tablish the  size  of  bricks  that  are  to  be  used  in  houses  to 
be  built  in  said  city,  and  to  prescribe  the  material  out  of 
which  the  mortar  used  in  said  houses  is  to  be  made  and  the 
proportions  of  such  material ;  to  provide  for  the  taking  down 
and  removal  of  buildings,  walls,  structures,  or  superstruc- 
tures; that  are  or  may  become  dangerous,  and  to  require 
owners  to  remove  them,  or  put  them  in  a  safe  and  sound  con- 
dition at  their  own  expense ;  to  regulate  the  building  and 
maintenance  of  party  walls,  partition  fences,  parapet  and  fire 
walls,  smoke  flues  and  fire  places,  hot  air  flues,  boilers,  kettles, 
smokestacks  and  stove  pipes;  to  provide  for  and  regulate 
the  safe  construction,  inspection  and  repair  of  all  private 
and  public  buildings  within  the  said  city,  and  to  regulate, 
restrain  or  ])rohil)it  the  erection  of  wooden  or  frame  build- 
ings within  the  limits  of  said  city,  or  any  part  thereof,  and 
remove  the  same  at  the  owner's  expense  when  erected  or 
suffered  to  remain  contrary  to  law  or  ordinance ;  to  regulate 
the  height,  construction  and  inspection  of  all  new  buildings 
hereafter  erected  in  said  city,  and  the  alteration  and  repair 
of  any  buildings  already  erected,  or  hereafter  to  be  erected, 
in  said  city,  and  to  regulate  the  limits  within  which  it  shall 
be  lawful  to  erect  steps,  porticoes,  bay  windows,  sheds,  gal- 
leries, awnings  or  other  structural  ornaments  to  houses  front- 
ing on  any  of  the  streets  or  alleys  of  said  city. 

(10).  To  prohibit  by  fine  the  introduction  of  paupers  into 
the  city  by  steamboats,  railroads  or  other  carriers  of  persons; 
to  regulate,  control  and  suppress  disorderly  houses  and  houses 
of  ill-fame ;  to  regulate,  control  and  suppress  houses  of  assigna- 
tion and  gaming  houses,  and  to  punish  gaming  as  provided  by 
the  Penal  Code  of  the  State  of  Texas ;  to  pass  all  laws  to  pre- 
serve the  health  of  the  city ;  to  define,  prevent  and  remove 
nuisances  within  the  city,  and  for  a  distance  of  five  miles 
outside  of  the  same ;  to  prohibit  the  erection  of  houses  for 
curing  green  hides,  or  slaughter  pens,  or  factories,  and  all 
houses  of  like  character;  to  have  the  power  to  require  all 
3-  33 


Sec.  34.  charter  of  the 

owners,  tenants,  or  occupants  of  improved  property,  which 
may  be  located  upon  or  near  any  street  or  alley  along  which 
mav  extend  any  sewer  or  system  of  sewerage  that  the  said 
city  may  construct,  own  or  control,  to  connect  with  such 
sewer  or  S3^stem  of  sewerage,  all  water  closets,  sinks  or  drains 
upon  their  respective  properties  or  premises,  so  that  their 
contents  may  be  made  to  empty  into  such  sewer  or  system 
of  sewerage;  provided,  that  whenever  any  tenant  or  occupant 
shall  be  required  under  any  ordinance  of  the  city  to  make 
sewer  connection,  or  to  do  any  other  thing  of  which  the 
board  of  commissioners  has  the  power  to  compel  the  per- 
formance, such  tenant  or  occupant  shall  have  a  lien  upon  the 
property  occupied  for  reimbursement  and  reasonable  attor- 
ney's fees,  if  the  primary  obligation  to  do  the  same  was  on 
the  landlord,  said  lien  to  be  enforced  by  competent  proceed- 
ings in  any  court  of  competent  jurisdiction,  and  the  tenant 
or  occupant  may,  when  so  entitled  under  the  general  princi- 
ples of  set-ofif,  use  such  claim  against  his  liability  for  rent ; 
and  to  have  power  to  condemn  as  nuisances  all  buildings, 
cisterns,  wells,  privies  and  other  erections  in  the  city  which, 
on  inspection,  shall  be  found  to  be  unhealthy,  unsanitar}'  or 
dangerous  to  persons  or  property,  and  cause  the  same  to  be 
abated  or  removed,  unless  the  owners  thereof,  at  their  own 
expense,  upon  notice,  shall  reconstruct  the  same  in  such 
manner  as  shall  be  prescribed  by  the  laws  of  the  city;  and 
as  to  all  buildings,  cisterns,  wells,  privies  and  other  private 
improvements  to  be  constructed  in  future,  they  shall  have 
the  power,  and  it  shall  be  their  duty,  to  have  the  same  so 
constructed  as  not  to  interfere  with  the  health  of  persons, 
or  the  safety  of  persons  or  property,  within  the   cit}-. 

(11).  Said  board  shall  have  the  power,  and  it  shall  be  their 
duty,  to  provide  that  the  city  is  kept  in  a  clean  and  healthy 
condition,  the  yard  and  premises  of  every  occupant  of  every 
dwelling,  outhouse,  office,  store,  shop,  or  other  place  of  busi- 
ness, are  cleaned  and  so  kept  by  such  occupant,  every  day, 
at  his  own  expense,  and  to  prohibit,  by  proper  laws  and  pen- 
alties, every  such  occupant  from  throwing  or  putting  any  trash 
or  improper  material  in  the  streets,  alleys  or  sidewalks,  ex- 
cept for  the  purpose  of  removal;  to   require   such   occupant 

34 


CITY   OF    aALVESTON.  SeC.  34. 

daily  to  deposit  all  unsanitary  material  in  the  street  near  by, 
in  some  suitable  vessel  to  be  provided  by  the  occupant  at 
his  or  her  own  expense,  to  be  carried  off  by  the  public  carts; 
to  have  power  to  prohibit  the  erection,  building,  placing, 
moving  or  repairing,  of  wooden  buildings  within  such  limits 
in  said  city  as  for  the  purpose  of  guarding  against  the 
calamity  of  fire  may  be  designated  and  prescribed,  and  may 
also  w'ithin  said  limits  prohibit  the  moving  or  putting  up, 
of  any  wooden  buildings  from  without  said  limits,  and  may 
also  prohibit  the  removal  of  any  wooden  buildings  from  one 
place  to  another  within  said  limits,  and  may  direct,  require 
and  prescribe  that  all  buildings  within  the  limits  so  desig- 
nated and  prescribed  as  aforesaid,  shall  be  made  or  con- 
structed of  fire-proof  materials,  and  to  prohibit  the  rebuild- 
ing or  repairing  of  wooden  buildings  within  the  fire  limits 
when  the  same  shall  have  been  damaged  to  the  extent  of 
thirty-three  and  one-third  per  cent  (33  1-3  per  cent)  of  the 
value  thereof,  and  may  prescribe  the  manner  of  ascertaining 
such  damage,  and  may  declare  all  dilapidated  buildings  to 
be  nuisances,  and  direct  the  same  to  be  repaired,  removed  or 
abated  in  such  manner  as  they  shall  prescribe  and  direct, 
and  to  declare  all  Avooden  buildings  in  the  fire  limits  which 
they  deem  dangerous  to  contiguous  buildings,  or  in  causing 
or  promoting  fires,  to  be  nuisances,'  and  recjuire  and  cause 
the  same  to  be  removed  in  such  manner  as  they  shall  pre- 
scribe. 

(12).  To  have  the  power  to  prevent  and  prohibit  the 
dangerous  condition  of  chimneys,  flues,  fire  places,  stove 
pipes,  or  any  other  apparatus  used  in  or  about  any  building 
or  manufactory,  and  to  cause  the  same  to  be  removed,  or 
placed  in  a  secure  and  safe  condition,  when  considered  dan- 
gerous, and  generally  to  establish  such  regulations  for  the 
prevention  and  extinguishment  of  fires  as  said  board  of  com- 
missioners may  deem  expedient. 

(13).  To  regulate  and  control  plumbers,  and  plumbing 
works,  and  to  enforce  efBciency  of  the  same. 

(11:).  To  direct,  control  and  prohibit  the  keeping  and 
management  of  houses,  or  any  building  for  the  storing  of 
gunpowder  and  other  combustible   explosives,  or  dangerous 

35 


Sec.  34.  charter  of  the 

materials  within  the  city,  and  to  regulate  the  keeping  and 
conveying  of  the  same,  and  to  regulate  and  prevent  and  pro- 
hibit the  use  of  fireworks  within  the  said  limits. 

(15).  To  regulate  and  prescribe  the  mode  and  speed  of 
vessels,  steamboats  and  other  craft  on  entering  and  leaving 
the  harbors  of  said  city,  and  of  coming  to  and  departing  from 
the  wharves  thereof,  and  the  disposition  of  the  sails,  yards, 
anchors  and  other  appurtenances  of  such  vessels,  wdiile  enter- 
ing, leaving  or  abiding  in  such  harbors,  and  to  regulate  and 
prescribe  the  location  of  every  steamboat,  steamship,  or  other 
craft,  ship,  vessel,  barge,  boat  or  float,  and  such  changes  of 
station  and  use  of  the  harbor  as  may  be  necessary  to  pro- 
mote order  therein,  and  in  the  safety  and  equal  convenience, 
as  near  as  may  be,  of  all  steamboats,  steamships  or  other 
craft,  ship,  vessel,  barge,  boat  or  float,  and  may  impose 
penalties  for  any  ofTense  against  such  ordinance,  and  may 
appoint  a  harbor  master  to  carry  out  the  powers  herein 
granted,  and  to  report  any  violation  of  such  regulations  to 
the  court  having  jurisdiction  thereof. 

(16).  To  direct  and  control  the  laying  of  railroad  tracks, 
turnouts  and  switches,  or  to  prohibit  the  same  in  the  street:";, 
avenues  and  alleys,  unless  the  same  shall  have  been  author- 
ized by  ordinance ;  to  require  that  all  railroads,  turnouts  and 
switches  shall  be  so  constructed  as  to  interfere  as  little  as 
possible  with  the  ordinary  travel  and  use  of  streets,  avenues 
and  alleys,  and  that  sufficient  space  shall  be  left  on  cither 
side  of  said  track  for  the  safe  and  convenient  passage  of 
persons,  teams,  carriages  and  other  vehicles,  and  to  construct 
and  keep  in  repair  suitable  crossings  at  the  intersections  of 
streets,  avenues  and  alleys,  and  ditches,  sewers  and  cul- 
verts, when  the  said  commissioners  shall  deem  it  necessary ; 
and  to  direct  the  use  and  regulate  the  speed  of  locomotive 
engines  within  said  city  or  to  prevent  and  prohibit  the  use 
or  running  of  the  same  within  the  said  citv. 

(IT).  To  make  all  suitable  and  proper  regulations  in  re- 
gard to  the  use  of  the  streets  for  street  cars,  and  to  regulate 
the  running  of  the  same  so  as  to  prevent  injury  or  incon- 
venience to  the  public. 

36 


CITY   OF   GALVESTON.  SeC.  34. 

(18).  To  regulate  or  forbid  the  opening'  and  digging  up 
of  the  streets  or  alleys  by  gas,  telephone  or  other  companies 
to  the  public  detriment. 

(19).  To  provide  the  city  with  water;  to  make,  regulate 
and  establish  public  wells,  pumps,  cisterns,  hydrants  and  res- 
ervoirs in  the  streets  or  elsewhere  within  said  city,  or  beyond 
the  limits  thereof,  for  the  extinguishment  of  fires  and  the 
convenience  and  health  of  the  inhabitants  thereof,  and  to 
prevent  the  unnecessary  waste  of  water,  or  any  injury  to  said 
waterworks ;  and  to  pass  ordinances  for  the  condemnation 
of  property  for  the  purpose  of  establishing,  enlarging  or  main- 
taining a  system  of  waterworks,  whether  within  or  without 
the  limits  of  such  city,  conforming  the  mode  and  manner  of 
the  same  to  the  rules  now  prescribed  for  cities  and  towns  by 
the  General  Laws  of  the  State  in  the  condemnation  of  property 
for  the  construction  of  sewers  or  sewerage  systems. 

C^O).  To  authorize  and  regulate  the  laying  of  pipes  and 
the  location  and  construction  of  tanks,  reservoirs  and  pump- 
ing stations  for  the  storage  and  conveyance  of  oil  and  gas. 

(21).  To  regulate  the  inspection  and  vending  of  fresh 
meats,  fish  and  other  provisions,  and  to  prohibit  the  sale  of 
any  tinted  or  unwholesome  meat,  fish  or  other  provisions, 
and  to  make  such  rules  and  regulations  in  relation  to,  butchers 
as  they  may  deem  necessar}-  and  proper. 

(22).     To  erect  and  repair  all  necessary  public  buildings. 

(23).  To  repair  and  keep  in  repair  streets,  alleys,  side- 
walks and  other  public  grounds  and  places  in  the  city. 

(24).  To  open  and  widen  streets,  to  change  the  location 
thereof,  or  to  close  the  same,  and  to  lay  off  new  streets  and 
allevs  when  necessary,  and  to  have  and  exercise  control  over 
all  streets  and  other  public  property  of  the  city,  as  well  as 
that  without  as  that  within  the  city. 

(25).  To  accept  any  money  or  property  for  the  purpose  of 
any  public  or  corporate  use. 

(26).  To  provide  by  ordinance  special  funds  for  special 
purposes,  and  to  make  the  same  disbursable  only  for  that 
purpose  for  which  the  fund  was  created,  and  any  officer  of 
said  city  misapplying  said  special  fund  shall  be  deemed  guilty 
of  malfeasance  in  office,  and  shall,  on  complaint  of  any  one 

37 


169 


r;f> 


Sec.  34.  charter  of  the 

interested  in  said  fund  so  misapplied,  or  anv  taxpayer  of  said 
city,  be  removed  therefrom,  and  shall  be  incapable  thereafter 
to  hold  any  office  in  said  city,  and  shall,  on  con^■iction  before 
any  court  of  competent  jurisdiction,  be  fined  in  a  sum  not  ex- 
ceeding five  thousand  (5000)  dollars,  and  be  imprisoned  in  the 
county  jail  not  exceeding  six  (6)  months. 

(27).  To  provide  for  the  inclosing,  regulating  and  improv- 
ing of  all  public  grounds,  parks  and  esplanades  belonging  to 
the  city,  and  to  direct  and  regulate  the  planting  and  preservirg 
of  ornamental  and  shade  trees  in  the  streets,  sidewalks  and 
public  grounds  thereof. 

(28).  To  regulate  the  carrying  of  weapons,  and  to  prevent 
the  carrying  of  the  same  concealed. 

(29).  To  authorize  the  proper  officer  of  said  city  to  grant 
and  issue  licenses  and  to  direct  the  manner  of  issuing  and  the 
registering  thereof,  and  the  fees  and  charges  to  l)e  paid  there- 
for; provided,  that  no  license  shall  be  issued  for  a  longer  i)e- 
riod  than  one  year,  and  shall  not  be  assignable,  except  by 
permission  of  the  board  of  commissioners. 

(30).  To  establish  and  regulate  public  pounds,  and  to  reg- 
ulate, restrain  and  prohibit  the  running  at  large  of  horses. 
mules,  cattle,  sheep,  swine,  goats  and  geese,  and  to  authorize 
the  distraining,  impounding  and  sale  of  the  same  for  the  costs 
of  the  proceeding  and  the  penalty  incurred,  and  to  order  their 
destruction  when  they  can  not  be  sold,  and  to  impose  penal- 
ties on  the  owners  thereof  for  violation  of  any  ordinance,  and 
also  to  impose  penalties  on  the  owners  or  keepers  thereof, 
and  to  tax,  regulate,  restrain  and  prohibit  the  running  at  large 
of  dogs,  and  to  authorize  their  destruction  when  at  large 
contrary  to  ordinance,  and  to  impose  penalties  on  the  owners 
or  keepers  thereof. 

(31).  To  regulate  the  burial  of  the  dead,  and  to  regulate 
the  registration  of  deaths,  marriages  and  births.  Xo  person 
shall  be  buried  without  a  certificate  of  the  i)hysician  or  post- 
mortem examination,  or  after  a  coroner's  inquest. 

(33).  To  compel  and  force  all  offenders  against  any  ordi- 
nance of  the  city  found  guilty  by  any  court  of  competent  jur- 
isdiction and  sentenced  by  it  to  imprisonment,  to  labor  on  the 


CITY  OF  GALVESTON.  SEC.  35-36. 

Streets  and  alleys  of  said  city,  or  on  any  public  works  thereof, 
under  such  regulations  as  may  by  ordinance  be  established. 

(33).  The  board  of  commissioners,  as  established  by  this 
act,  shall  be  invested  with  the  power  and  charged  with  the 
duty  of  making  all  laws  or  ordinances  not  inconsistent  with 
the  Constitution  of  this  State,  that  may  be  necessary  and 
proper  to  accomplish  the  general  object  of  this  act,  and  to 
pass  all  ordinances,  rules  and  regulations  necessary  for  the 
good  government,  peace  and  order  of  said  city  and  the  trade 
and  commerce  thereof,  and  to  adopt  rules  for  the  government 
of  its  proceedings. 

(34).  Said  board  shall  have  the  power  to  establish,  erect, 
construct,  regulate  and  keep  in  repair  bridges,  culverts,  side- 
walks and  crossways,  and  to  regulate  the  construction  and 
use  of  the  same,  and  to  abate  and  punish  any  obstructions 
or  encroachments  thereon,  and  the  cost  of  the  construction 
of  sidewalks  shall  be  defrayed  by  the  owners  of  the  lot  or  part 
of  lot  or  block  fronting  on  the  sidewalk. 

(35).  To  establish  and  erect  markets  and  market  houses, 
designate,  control  and  regulate  market  places  and  privileges, 
inspect  and  determine  the  mode  of  inspecting  meat,  fish,  veg- 
etables and  all  produce  and  every  article  and  thing  therein 
brought  for  sale. 

(3G).  To  provide  for  the  suppression  and  prevention  of 
any  riot,  rout,  affray,  noise,  disturbance  or  disorderly  as- 
sembly in  any  public  or  private  place  within  the  city. 

(37).  To  prt)hil)il  antl  restrain  the  firing  of  firecrackers, 
or  use  of  any  pyrotechnic  or  any  other  amusement  or  practice 
tending  to  annoy  persons  passing  in  the  streets  or  sidewalks 
or  to  frighten  horses  or  teams ;  to  restrain  and  prohibit  the 
ringing  of  bells  or  the  blowing  of  horns  and  bugles,  crying 
of  goods  and  all  other  noises,  practices  and  performances 
tending  to  the  collection  of  persons  on  the  streets  and  side- 
walks, by  auctioneers  and  others,  for  the  purpose  of  amuse- 
ment, business  or  otherwise. 

Sec.  3.5.  To  prevent,  regulate  and  control  the  dri^•ing  of 
cattle,  horses  and  all  other  animals  into  or  through  the  city. 

Sec.  3G.  To  prevent  any  person  from  bringing,  deposit- 
ing or  having  within  the  limits  of  said  city  any  dead  carcass 

39 


Sec.  37-40.  chartek  of  the 

or  other  offensive  or  unwholesome  substance  or  matters,  and 
to  require  the  removal  or  destruction  by  any  person  who  shall 
have  placed,  or  caused  the  same  to  be  placed,  upon  or  near  his 
premises  or  elsewhere,  of  any  substance  or  matter,  filth  or  any 
I)utrid  or  unsound  beef,  pork  or  fish,  hides  or  skins  of  any 
kind,  and  on  his  default,  to  authorize  the  removal  or  destruc- 
tion thereof  by  some  officer  of  the  city,  and  require  the  owner 
of  any  dead  animal  to  remove  the  same  to  such  place  as  may 
be  designated. 

Sec.  37.  The  said  board  of  commissioners  shall  have  the 
power  to  do  any  and  all  acts  necessary  to  preserve  the  harbor, 
and  to  dredge  out,  widen  or  deepen  the  channel  of  the  harbor 
of  the  city  of  Galveston,  to  prevent  any  use  of  the  same  or 
any  act  in  relation  thereto  inconsistent  with  the  public  health, 
or  calculated  to  render  the  waters  of  the  same,  or  any  part 
thereof,  impure  or  offensive,  or  tendi'ng  in  any  degree  to  fill 
up  or  obstruct  the  said  channel ;  and  to  prevent  and  punish  the 
casting,  throwing  or  depositing  therein  of  any  stone,  shell  or 
other  substance,  logs  or  floating  matter,  and  to  prevent  and 
remove  all  obstructions  therein  and  to  punish  the  authors 
thereof.  It  shall  also  have  the  power  to  erect  and  to  regulate 
the  erection  of  wharves  fronting  the  channel,  or  their  exten- 
sion in  such  manner  as  may  be  by  it  deemed  for  the  public 
interest,  to  fill  or  cause  to  be  filled  or  otherwise  improved, 
any  property  belonging  to  said  city  of  Galveston,  or  under 
its  control,  and  to  do  any  and  all  acts  necessary  and  proper 
to  promote  the  use  and  availability  of  such  property  for  the 
purposes  of  commerce  and  in  aid  of  the  preservation  and 
protection  of  the  said  harbor  of  Galveston  and  the  channel 
therein. 

Sec.  38.  To  prevent  all  trespasses,  breaches  of  the  peace 
and  good  order,  assaults,  assaults  and  batteries,  fighting,  quar- 
relmg,  using  abusive  and  insulting  language,  misdemeanors 
and  disorderly  conduct,  and  to  punish  all  persons  thus  offend- 
ing. 

Sec.  39.  To  prevent  all  prize  fighting,  cock  and  dog  fight- 
ing, and  punish  all  persons  thus  offending. 

Sec.  40.  To  regulate  and  determine  the  time  and  place  of 
bathing  and  swimming  in  the  waters  adjoining  or  within  said 

40 


CITY   or   (lALYESTON.  SEC.  41-44. 

city,  and  to  prevent  any  obscene  or  indecent  exposition,  ex- 
posure or  conduct. 

Sec.  41.  The  board  of  commissioners  shall  have  power  to 
require  on  due  notice  all  railway  companies  owning  track 
within  the  city  limits,  which  may  have  been  or  may  hereafter 
be  abandoned  by  them,  by  non-user,  to  remove  such  tracks 
and  to  restore  at  their  own  expense  the  street  or  way  upon 
which  such  abandoned  track  is  located  to  proper  grade.  The 
board  of  commissioners  shall  have  power  at  any  time  to 
change  the  location  or  remove  the  railway  track  or  tracks  on 
any  street  or  avenue  from  one  portion  of  the  street  to  another, 
and  to  enforce  such  change  of  location  in  mode  to  be  pre- 
scribed by  ordinance. 

Sec.  42.  The  board  of  commissioners  shall,  as  soon  as 
may  be,  after  the  commencement  of  each  fiscal  year,  contract 
as  they  may  by  ordinance  or  resolution  determine,  with  a 
public  newspaper  of  such  city,  as  the  official  paper  thereof, 
and  to  continue  as  such  until  another  is  selected,  and  shall 
cause  to  be  published  therein  all  ordinances,  notices  and 
other  matter  required  by  this  act,  or  by  the  ordinances  of  said 
city  to  be  published. 

Sec.  43.  The  board  of  commissioners  shall  have  authority, 
by  ordinance  duly  enacted,  to  provide  for  the  establishment 
and  maintenance  of  a  free  public  library  in  the  city  of  Gal- 
veston, and  to  this  end  may  make  appropriations  in  amounts 
within  their  discretion;  and  may  receive  donations  of  books, 
papers,  magazines,  periodicals,  or  other  property,  or  money, 
for  the  benefit  of  and  maintenance  of  such  public  library. 

Sec.  44.  The  board  of  commissioners  shall  have  power  to 
appropriate  money  to  provide  for  the  expenses  of  said  city.  In 
the  month  of  February  of  each  year,  or  as  soon  thereafter  as 
practicable,  it  shall  make  a  careful  estimate  of  the  probable 
revenues  of  said  city  for  the  ensuing  year,  and  shall  provide 
for  the  disbursement  and  expenditure  of  the  same  and  shall 
at  the  same  time  fix  the  salaries  of  all  officers  and  employes 
appointed  or  elected  under  the  provisions  of  this  act,  except 
those  whose  compensation  is  fixed  herein,  said  appointment 
to  be  made  as  follows,  towit : 

41 


Sec.  44.  chakter  of  the 

1.  It  shall  reserve  and  set  apart  a  fund  of  twenty-five  thous- 
and (25,000)  dollars,  to  be  used  only  in  case  of  extraordinary 
emergencies,  which  could  not  have  been  foreseen  before  their 
occurrence,  but  in  no  event  to  be  used  for  the  ordinary  ex- 
penses of  said  city;  and  whenever  there  shall  remain  unex- 
pended any  portion  of  such  reserve  fund  the  same  shall  con- 
stitute a  part  of  such  reserve  fund  for  the  next  ensuing  year. 

2.  It  shall  then  apportion  the  remainder  of  the  estimated 
revenue  to  the  several  departments  of  the  said  city  for  the 
general  expenses  thereof. 

Any  member  of  said  board  of  commissioners  who  shall 
knowingly  vote  for,  or  in  any  manner  aid  or  promote,  the 
passage  or  adoption  of  any  ordinance,  legislation  or  other  act 
of  said  board  increasing  the  appropriation  for  the  expenses 
of  said  city  beyond  the  estimate  aforesaid,  unless  the  actual 
revenue  shall  have  exceeded  such  estimate,  and,  in  such  event, 
beyond  such  actual  revenue,  shall  thereby  vacate  his  office, 
and  shall  be  guilty  of  malfeasance  in  office,  and  shall  be  re- 
moved from  his  office  in  the  manner  provided  for  in  this  act. 
and  shall  be  removed  from  his  office  in  the  manner  provided 
for  in  this  act. 

Said  estimate  or  budget  shall  be  prepared  in  such  detail, 
as  to  the  aggregate  sum  and  the  items  thereof,  as  the  said 
board  shall  deem  advisable,  and  in  order  to  enable  the  said 
board  to  properly  prepare  such  estimate,  the  heads  of  all  de- 
partments shall,  at  least  thirty  (30)  days  before  the  said  esti- 
mate is  hereby  required  to  be  made,  send  to  the  said  board, 
in  writing,  estimates  of  the  amounts  needed  for  the  conduct. 
respectively,  of  each  department  of  said  city  for  the  next  en- 
suing fiscal  year.  Such  estimates  shall  be  verified  by  the  oath 
or  affirmation  of  the  parties  making  them,  and  a  wilfully  false 
statement  made  in  a  material  matter,  contained  in  such  esti- 
mates so  made  to  said  board,  shall  be  perjury  and  punishable 
as  provided  by  the  Penal  Code  of  the  State  of  Texas.  The 
said  estimates  shall  specify  in  detail  the  objects  thereof  and 
items  required  for  the  respective  departments,  including  a 
statement  of  each  of  the  salaries  of  the  officers,  employes, 
deputies  and  subordinates  in  each  department.  It  shall'  be 
the  duty  of  said  board  of  commissioners,  when  assembled  for 

42 


CITY   OF   GALVESTON.  SeC.  44. 

the  consideration  and  appropriation  for  said  budget,  to  con- 
sider and  investigate  the  estimates  prepared  by  said  officers, 
and  to  hold  daily  sessions  for  the  consideration  and  adoption 
of  said  budget.  After  said  budget  shall  have  been  duly  passed 
and  adopted,  said  board  of  commissioners  shall  not  have  the 
power  to  increase  the  amounts  fixed  therein,  in  order  to  insert 
any  new  items  therein  during  such  current  year,  and  the  said 
several  sums,  as  therein  fixed,  shall  be  and  become  appropri- 
ated after  the  beginning  of  the  next  ensuing  fiscal  year  for 
the  several  purposes  therein  named,  to  be  used  by  the  said 
board  of  commissioners  and  the  several  departments  of  said 
government  for  the  purposes  therein  named,  and  for  no  other 
purposes  or  uses  whatever.  And  said  board  of  commissioners 
shall  not  have  the  power,  by  any  ordinance  or  resolution,  to 
enlarge  any  item  contained  in  said  budget  after  the  same  is 
duly,  passed.  Xo  appropriation  provided  for  in  said  budget 
shall  be  diverted  or  used  under  any  circumstances  for  any 
other  purposes  than  that  named  therein ;  and  no  temporary 
loan  shall  be  authorized  or  made  to  pay  any  deficiency  arising 
trom  a  failure  to  realize  sufiicient  income  from  taxation  to 
meet  the  amounts  provided  for  in  said  budget,  but  the  said 
board  of  commissioners  may  borrow  money  for  its  use  in  antic- 
ipation of  the  receipt  of  taxes  levied  for  any  one  year;  and 
pledge  as  security  the  uncollected  taxes  for  any  such  year;  pro- 
vided, however,  that  the  money  so  borrowed  for  this  purpose 
shall  not  exceed  in  any  one  year  the  sum  of  $100,000.  In  case 
of  any  such  deficiency  there  shall  be  a  pro  rata  abatement 
of  all  appropriations  contained  in  said  budget ;  and  in  case 
of  any  surplus  arising  in  any  fiscal  year  by  reason  of  an  ex- 
cess of  income  received  from  the  estimated  revenues  over 
the  expenditures  for  such  year,  the  said  surplus  shall  be  cred- 
ited to  the  general  fund  of  said  city  and  shall  form  part  of  the 
general  fund  for  the  next  ensuing  fiscal  year.  The  fiscal  year 
of  the  city  of  Galveston  shall  begin  on  the  first  day  of  March 
in  each  year;  provided,  however,  that  the  first  board  of  com- 
missioners appointed  and  elected  under  this  act  shall,  within 
thirty  days  after  their  cjualification,  make  up  a  budget  in  com- 
pliance with  the  provisions  of  this  section  for  the  period  end- 
ing February  28,  1902. 

43 


Sec.  45-46.  charter  or  the 

Sec.  45.  No  franchise  or  right  in  relation  to  any  highway, 
avenue,  street,  lane  or  alley,  either  on,  above  or  below  the  sur- 
face of  the  same,  and  no  franchise  or  right  in  relation  to  any 
island  or  land  covered  by  water  that  may  belong  to  or  be 
claimed  by  the  city  of  Galveston,  shall  be  granted  by  the 
board  of  commissioners  to  any  person  or  corporation  for  a 
longer  period  than  fifty  (50)  years.  Every  grant  of  any  sucli 
franchise  or  right  may  make  provision  by  way  of  forfeiture  of 
the  grant  or  otherwise  for  the  purpose  of  compelling  compli- 
ance with  the  terms  of  the  grant,  and  to  secure  efficienjzy  ci 
public  service  at  reasonable  rates],  and  the  maintenance  (A 
the  property  in  good  condition  throughout  the  full  tern)  of 
the  grant.  Before  any  grant  of  any  such  franchise  pr  right 
shall  be  made,  the  proposed  specific  grant,  embodied  in  ^he 
form  of  a  brief  advertisement,  prepared  as  may  be  directed 
b}'  ordinance  of  the  board  of  commissioners,  shall  be  published 
at  the  expense  of  the  applicant,  for  at  least  three  (3)  days  in 
the  official  journal  of  said  city.  When  the  grant  of  any  such 
franchise  or  right  is  made,  the  city  shall  not  part  with,  but 
shall  expressly  reserve  the  right  and  duty  at  all  times,  to  exer- 
cise in  the  interest  of  the  public,  full  superintendence,  regu- 
lation and  control  in  respect  to  all  matters  connected  with  the 
police  powers  of  said  city.  Before  any  such  grant  of  any  such 
franchise  or  right  shall  be  made,  the  proposed  specific  grant 
shall  be  embodied  in  the  form  of  an  ordinance,  with  all  such 
terms  and  conditions  as  may  be  right  and  proper,  including 
a  provision  as  to  the  rates,  fares  and  charges  if  the  grant  pro- 
vides for  the  charging  of  rates,  fares  and  charges.  All 
legal  ordinances,  resolutions  or  acts  heretofore  passed  or  had 
by  the  said  city,  makmg  any  grant  or  concession,  or  vesting 
any  property  right,  interest  or  franchise,  shall  remain  un- 
afifected  by  the  repeal  of  the  charter  of  said  city,  and  amend- 
ments thereto,  hereinafter  provided  for. 

Sec.  46.  Said  board  of  commissioners  shall  have  the  power 
and  it  is  made  their  duty  to  adopt  rules  and  regulations  for  the 
management  of  the  waterworks  and  sewerage  systems,  and 
they  shall  make  and  establish  a  schedule  of  water  and  sewer 
rates  and  tolls,  and  describe  the  mode  and  manner  of  the 
construction  of  the  surface  pipes,  alley  laterals  and  house  con- 

44 


CITY   OF   GALVESTON.  SeC.  47-48. 

nections.  with  the  water  mains  and  sewer  pipes;  and  the  said 
board  of  commissioners  shall  pass  all  ordinances  necessary 
for  the  protection  and  preservation  of  the  said  waterworks 
and  sewerage  system,  and  for  the  prevention  of  waste  and 
damage  thereto ;  and  said  board  of  commissioners  shall  have 
power  to  require  all  property  owners  whose  property  may  be 
located  upon  or  near  any  street  or  alley  along  which  may 
extend  any  sewer  or  system  of  sewerage  that  the  said  cit}' 
may  construct  or  authorize  to  be  constructed,  or  that  it  may 
acquire  by  purchase  or  otherwise,  to  connect  with  such  sewer 
or  system  of  sewerage  all  water  closets,  sinks  and  drains  lo- 
cated upon  their  respective  property  or  premises,  so  that  their 
contents  may  be  made  to  empty  into  such  sewer  or  system  of 
sewerage,  whether  said  system  is  constructed  by  said  city  i^r 
is  acquired  by  it  by  purchase  or  otherwise. 

Sec.  47.  That  neither  the  said  commissioners  nor  the  said 
city  of  Galveston  shall  be  liable  in  damages,  except  for  neg- 
ligence, for  any  injury  or  injuries  to  persons  or  to  property 
caused  by  filling,  raising,  grading  or  elevating  any  property 
within  the  city  of  (lalveston,  or  in  the  prosecution  of  any  pub- 
lic improvement  in  said  city. 

Sec.  48.  The  board  of  commissioners  shall  have  power, 
and  they  are  hereby  authorized,  to  impose  additional  uses  and 
burdens  upon  the  streets,  avenues,  alleys  and  public  grounds 
of  said  city,  for  the  location,  construction  and  maintenance  of 
breakwaters  and  other  like  works  for  the  protection  of  the 
city  of  Galveston,  whether  constructed  by  the  United  States 
government  the  State  of  Texas  or  the  city  of  Galveston,  with 
the  right  to  take  and  appropriate  such  land  and  other  prop- 
erty as  may  be  deemed  necessary  for  the  establishment,  loca- 
tion, construction  and  maintenance  of  said  breakwaters  and 
other  like  works  for  the  protection  of  the  city  of  Galveston 
from  encroachment  or  overflow  by  the  waters  of  the  gulf; 
and  for  such  other  purpose  to  define  the  area  of  land  neede  i 
and  to  acquire,  take,  hold  and  enjoy  the  same,  and  for  that 
purpose  shall  have  the  right  to  exercise  the  right  of  eminent 
domain  and  to  condemn  lands  for  said  purposes  and  uses,  in 
the  manner  and  under  conditions  provided  by  law  in  rhe 
case  of  railroad  corporations. 

45 


Sec.  49-51.  charter  of  the 

Sec.  49.  To  pass  ordinances  for  the  condemnation  of  prop- 
erty for  the  purpose  of  opening  the  streets  in  the  city,  con- 
forming the  mode  and  the  manner  of  the  same  to  the  rules 
prescribed  for  cities  and  towns  by  the  General  Laws  of  the 
State;  and  to  regulate,  prohibit  or  remove  all  buildings  or 
structures  on  the  shores  or  in  the  waters  within  the  limits  of 
the  city  where  the  same  are  not  authorized  by  law. 

Sec.  50.  That  said  commissioners  shall  not  issue  any  bonds, 
notes,  scrip  or  other  evidence  of  indebtedness,  except  as  pro- 
vided in  this  act,  and  shall  in  no  event  contract  for  work, 
material  or  services  in  excess  of  the  amount  of  the  estlrnated 
revenues  for  the  current  year  and  the  funds  on  hand  applica- 
ble to  such  purposes;  and  all  parties  contracting  with  said 
commissioners  for  work,  material  or  services  shall  look  alone 
to  the  revenues  for  that  year,  and  to  such  funds  as  may  be 
applicable  for  such  purposes  at  the  date  of  any  such  contract, 
and  the  revenues  of  no  subsequent  year  shall  be  appropriated 
or  used  to  meet  any  such  deficit,  and  no  property,  real  or 
personal,  owned  or  held  by  said  city  of  Galveston  for  public 
use,  for  governmental  purposes,  or  in  trust  for  the  public,  shall 
ever  be  subject  to  execution  or  attachment,  or  seizure  under 
any  legal  process,  for  any  debt  heretofore  or  hereafter  created 
by  said  city  of  Galveston ;  and  all  taxes  due,  or  money  in  the 
hands  of  the  officers  charged  with  the  collection  of  taxes  or 
any  other  revenues  belonging  to  said  city,  shall  be  exempt 
from  seizure,  under  attachment,  execution,  garnishment  or 
any  other  legal  process. 

Sec.  51.  To  license  and  tax  the  owners  of  all  vehicles  in 
the  city  of  Galveston  used  or  kept  for  private  or  public  uses, 
and  to  license,  tax  and  regulate  hackmen,  draymen,  omnibus 
drivers  and  drivers  of  baggage  wagons,  porters  and  all  others 
pursuing  like  occupations,  with  or  without  vehicles,  and  pre- 
scribe their  compensation,  and  provide  for  their  protection, 
and  make  it  a  misdemeanor  for  any  person  to  attempt  to  de- 
fraud them  of  any  legal  charge  for  services  rendered,  and  to 
regulate,  license  and  restrain  runners  for  steamboats,  rail- 
roads, stages  and  public  houses ;  and  enforce  the  collection  of 
all  such  taxes  by  proper  ordinances ;  and  all  revenues  collected 
under  the  provisions  of  this  section,  or  any  ordinance  passed 

46 


CITY   OF   GALVESTON,  SeC.  52-54. 

in  pursuance  thereof,  shall  be  used  only  for  the  improvement 
of  the  streets  and  alleys  of  said  city. 

Sec.  53.  That  the  said  board  of  commissioners  of  said  city 
is  authorized  to  appropriate  all  delinquent  taxes  against  which 
no  demands  are  outstanding-,  and  after  the  purposes  for  which 
said  taxes  were  levied  have  been  fulfilled  and  satisfied,  to  an}^ 
proper  municipal  purposes,  and  the  said  board  is  empowered, 
at  the  end  of  each  fiscal  year  thereafter,  to  declare  such  residue 
of  all  said  delinquent  taxes  a  surplus  fund,  and  to  direct  that 
the  same,  when  collected,  be  carried  in  bulk  as  a  surplus  ac- 
count, subject  to  appropriation  by  said  board  for  proper  mu-* 
nicipal  purposes,  under  the  provisions  of  this  act. 

Sec.  53.  The  following  property  in  said  city  shall  be  ex- 
empt from  taxation,  towit:  All  lands  used  exclusively  for 
graveyards,  or  grounds  for  burying  the  dead,  except  such  as 
are  held  or  owned  by  any  person,  company  or  corporation  with 
a  view  to  profit,  or  for  the  purpose  of  speculation  in  the  sale 
thereof ;  all  buildings  belonging  to  institutions  of  purely  pub- 
lic charity,  together  with  the  lands  belonging  to  and  occupied 
by  such  institutions  not  leased  or  otherwise  used,  with  a  view 
to  profit,  and  all  moneys  and  credits  appropriated  solely  to 
sustaining  such  institutions,  together  with  such  other  prop- 
erty as  is  exempt  from  taxation  by  the  Constitution  and  laws 
of  the  State  of  Texas  or  of  the  United  States. 

Sec.  54.  The  board  of  commissioners  shall  have  power 
and  they  are  hereby  authorized  to  levy  for  general  purposes 
an  annual  ad  valorem  tax  on  all  real,  personal  and  mixed  prop- 
erty within  the  territorial  limits  of  said  city,  not  exempt  from 
taxation  by  the  Constitution  and  laws  of  the  State  of  Texas, 
of  and  at  the  rate  of  not  exceeding  seventy  (70)  cents  on  the 
one  hundred  (100)  dollars  cash  valuation  of  said  property. 
The  meaning  of  the  term  "real  property,"  as  used  in  this  act, 
shall  be  construed  to  include  lots,  lands  and  all  buildings  or 
machinery  and  structures  of  every  kind  erected  upon  or  affixed 
to  the  same  ;  and  the  meaning  of  the  term  "personal  property," 
as  used  in  this  act,  shall  be  construed  to  include  all  house- 
hold furniture,  moneys,  .goods,  capital  and  chattels,  all  ships, 
steamboats  and  vessels,  whether  at  home  or  abroad,  all  stocks 
of   corporations,    moneyed   or   otherwise,    and,    generally,    all 

47 


Sec.  54.  charter  of  the 

property  which  is  not  real.  That  the  taxes  herein  and  hereby 
authorized  to  be  levied  shall  become  due  and  payable  on 
September  first  of  each  year  and  shall  bear  interest  at  the  rate 
of  six  per  cent  per  annum  from  October  first  following  the 
said  levy,  until  the  same  are  paid,  and  said  taxes  are  hereby 
made  payable  in  the  currency  or  coin  of  the  United  States. 

Said  board  shall  also  have  the  power  to  annually  levy  and 
collect  a  poll  tax  of  one  (1)  dollar  of  and  from  every  male  in- 
habitant of  such  city  over  the  age  of  twenty-one  (21)  years 
and  under  sixty  (60)  years  of  age,  who  shall  have  resided 
therein  six  (6)  months  previous  to  the  levy  of  such  tax. 

Said  board  of  commissioners  shall  have  power  to  provide 
by  ordinance  for  the  assessing  and  prompt  collecting  of  all 
the  taxes  aforesaid,  and  to  determine  when  taxes  shall  be 
paid  by  corporations  and  when  by  individual  corporators. 
The  license  and  occupation  taxes  authorized  to  be  levied  by 
this  act  shall  be  collected  by  the  assessor  and  collector  of 
taxes,  and  shall  be  paid  to  that  officer  by  each  and  every  per- 
son and  firm  before  engaging  in  any  trade,  j)rofession,  busi- 
ness, calling,  vocation  or  occupation  subject  to  said  tax,  as 
is  provided  by  the  terms  of  this  act. 

Said  board  of  commissioners  shall  have  the  power  to  regu- 
late the  manner  and  mode  of  making  out  tax  lists  or  invento- 
ries, and  the  appraisement  of  pro])erty  therein,  and  should 
prescribe  how  and  when  property  shall  thus  be  rendered,  and 
shall  also  prescribe  the  number  and  form  of  assessment  rolls 
and  fix  and  define  the  duties  and  powers  of  the  assessor  and 
collector,  and  adopt  such  measures  as  they  may  deem  advis- 
able, to  secure  the  assessment  of  all  property  within  the  limits 
of  said  city,  and  to  collect  the  taxes  thereupon,  conforming  the 
said  manner  and  mode  of  rendering  property  for  assessment, 
and  the  assessment  thereof,  as  near  as  may  be,  to  that  provided 
by  law  for  the  rendition  and  assessing  of  property  for  State 
and  county  purposes,  and  until  the  passage  of  such  ordinances 
the  said  board  of  commissioners  and  the  assessor  and  col- 
lector of  taxes  shall  be  governed  in  their  procedure  and  acts 
in  relation  to  the  assessment  and  collection  of  said  taxes  as  is 
provided  by  the  laws  of  this  State  relating  to  the  assessment 
and  collection  of  State  and  county  taxes. 

48 


CITY    OF   GALVESTON.  SeC.  55-57. 

When  any  real  or  personal  property  situated  with  the  ter- 
ritorial limits  of  said  city  has  been  returned  delinquent,  or 
reported  sold  to  said  city  for  the  taxes  due  thereon,  the  board 
of  commissioners  may  cause  to  be  prepared  lists  of  delinquents 
in  the  same  manner  as  is  provided  for  in  Section  3  of  the  act 
of  the  Twent3'-fifth  Legislature  of  the  State  of  Texas,  and 
set  out  in  Chapter  103  of  the  General  Laws  of  said  Twenty- 
fifth  Legislature,  and  when  such  list  shall  be  certified  to  as  cor- 
rect by  the  president  of  said  board  of  commissioners,  the  said 
board  of  commissioners  may  direct  the  city  attorney  to  file 
suit  in  the  district  court  of  Galveston  county  for  the  recovery 
of  the  taxes  due  on  said  property,  together  with  the  penalty, 
interest  and  costs  of  suit,  which  suits  may  be  brought  in  the 
same  manner  as  is  provided  in  Section  5  of  said  act  of  the 
Twent3'-fifth  Legislature  above  mentioned,  for  the  bringing 
of  suits  by  the  county  attorne}',  and  the  provisions  of  said 
act  of  the  Twenty-fifth  Legislature,  as  contained  in  Chapter 
103  of  the  General  Laws  of  said  Legislature,  shall  be  in  force 
as  to  such  taxes  so  far  as  the  same  are  applicable. 

Sec.  00.  The  board  of  commissioners  shall  have  power  to 
provide  by  ordinance  for  the  levy  and  assessment  of  taxes  on 
the  property  or  shares  of  the  capital  stock  of  all  corporations, 
companies,  banks  and  other  like  institutions,  and  on  their 
notes  and  bills  receivable,  and  all  of  said  property  or  shares 
of  such  corporations,  companies  and  banks  shall  be  assessed 
and  taxed  in  the  same  manner  as  is  provided  by  the  laws  of 
the  State  of  Texas  for  State  and  county  taxes. 

Sec.  5G.  All  taxes  levied  by  this  act  shall  be  a  lien  on  all 
property  upon  which  they  are  assessed,  both  real  and  personal, 
until  the  same  shall  have  been  paid,  and  in  addition  to  the 
other  remedies  provided  by  this  act  for  the  collection  of  such 
taxes  suits  may  be  instituted  to  recover  the  same  and  the  said 
liens  forclosed  in  any  court  of  competent  jurisdiction. 

Sec.  57.  Any  and  all  descriptions  of  real  estate,  blocks, 
outlots,  lots,  or  any  parts  or  fractions  thereof,  and  of  all 
personal  property,  and  any  and  all  dates,  3'ears,  valuations, 
taxations,  nvmibers,  quantities,  or  amounts  contained  in  any 
assessment  roll,  land  tax  book,  personal  tax  book,  or  descrip- 
tions contained  in  any  book  or  roll  used  for  the  purpose  of 
4-  49 


Sec.  58.  charter  of  the 

assessing  property,  shall  be  sufficient  and  valid  when  made  or 
stated  in  whole  or  part  in  abbreviations  or  contractions  of 
words,  letters,  characters,  or  figures;  and  when  so  made  or 
stated  shall  be  deemed  and  held  to  be  fully  and  fairly  made 
and  stated,  as  though  the  same  had  been  written  out  in  full. 
Xo  error  or  irregularity  in  any  assessment  roll,  tax  book,  or 
other  document  relating  to  the  levy,  assessment,  equalization, 
or  collection  of  the  taxes  of  the  city  shall  in  any  manner  affect 
or  impair  the  validity  of  any  tax,  or  affect  the  proceedings  for 
the  collection  thereof,  but  ever}^  such  assessment  shall  be 
liberally  construed  to  affect  the  purposes  and  objects  of  this 
section  in  determining  the  validity  thereof. 

Sec.  58.  That  in  all  cases  where  any  dealer  in  goods,  or 
merchandise  of  any  kind  subject  to  either  ad  valorem  or  occu- 
pation taxes,  or  both,  under  the  provisions  of  this  act,  shall, 
after  the  rendition  of  said  goods,  wares,  or  merchandise,  for 
taxation  or  after  becoming  liable  for  any  occupation  tax,  be- 
come, or  be  adjudged,  bankrupt,  or  make  an  assignment  of 
said  goods,  wares  or  merchandise,  or  sell  out  or  transfer  the 
same  in  bulk,  then  the  assessor  and  collector  of  taxes  shall  at 
once  present  to  the  trustee  in  bankruptcy,  receiver,  assignee, 
or  vendee  of  said  dealer,  for  payment,  a  statement  of  the 
amount  due  for  said  occupation  or  ad  valorem  taxes  by  said 
dealer,  and  in  case  of  the  failure  of  said  trustee  in  bankruptcy, 
receiver,  assignee,  or  vendee  to  at  once  pay  the  amount  of  said 
taxes,  the  said  assessor  and  collector  shall,  by  virtue  of  his  as- 
sessment roll,  levy  upon,  seize  and  sell  from  the  said  goods, 
wares,  or  merchandise,  enough  to  satisfy  the  amount  of  said 
taxes,  interest  and  costs,  such  sale  to  be  conducted  in  the  man- 
ner prescribed  for  the  sale  of  personal  property  under  execu- 
tion ;  and  said  taxes,  until  paid,  shall  be  and  constitute  a  prior 
lien  on  all  of  said  merchandise,  goods  and  wares,  in  default  of 
the  payment  of  said  taxes ;  and,  whenever  any  goods,  wares,  or 
of  attachment  or  execution  upon  which  the  said  city  has  a 
assessor  and  collector  shall,  by  virtue  of  his  assessment  roll, 
levy  upon,  seize  and  sell  from  the  said  goods,  wares,  or  mer- 
chandise, enough  to  satisfy  the  amount  of  said  taxes,  interest 
and  costs,  such  sale  to  be  conducted  in  the  manner  now  pre- 
scribed  for  the   sale   of   personal   property   under   execution ; 

50 


CITY   OF    GALVESTON.  SEC.  59-60, 

and  said  taxes,  untu  paid,  shall  be  and  constitute  a  prior  lien 
on  all  of  said  merchandise,  goods  and  wares,  in  default  of  the 
payment  of  said  taxes  ;  and  whenever  any  goods,  wares,  or 
merchandise  shall  be  levied  upon  or  seized  under  any  writ 
of  attachment  or  execution,  upon  which  the  said  city  has  a 
claim  for  ad  valorem  or  occupation  taxes  unpaid,  said  asses- 
sor and  collector  shall  present  for  payment  to  the  ofBcer  levy- 
ing said  writ  of  attachment  or  execution,  the  amount  due  for 
said  taxes,  interest  and  costs  on  said  goods,  wares  or  mer- 
chandise, and  in  case  of  the  failure  of  said  officer,  or  of  the 
plaintiff  in  said  writ,  to  at  once  pay  the  amount  of  said  taxes, 
said  assessor  and  collector  shall  proceed  to  levy  upon,  seize 
and  sell  enough  of  said  goods,  wares  or  merchandise,  to  sat- 
isfy the  amount  of  said  taxes,  interest  and  costs,  as  herein- 
before provided. 

Sec.  59.  Xo  demand  for  the  payment  of  any  taxes  due  the 
city  shall  be  necessar}-,  but  it  is  hereby  made  the  duty  of 
every  person  or  corporation  subject  to  taxation  to  attend  at 
the  office  of  the  assessor  and  collector  of  taxes  at  the  time 
Avhen  said  taxes  may  be  made  payable  by  ordinance,  and  pay 
all  such  taxes.  If  any  one  fails  to  pay  said  taxes  before  the 
first  day  of  October  the  same  shall  be  and  become  delinquent 
within  the  meaning  of  this  act. 

Sec.  60.  All  taxes  due  by  property  owners  on  any  and 
all  property  for  the  year  1884  and  up  to  and  including  the  year 
1899,  and  for  all  years  to  come  until  otherwise  provided  by 
charter,  as  appears  upon  the  tax  rolls  of  said  city,  may  be 
collected  by  suit  from  delinquent  and  foreclosure  of  the  lien 
thereon  be  had  in  any  court  having  jurisdiction  of  the 
same,  and  any  person  who  shall  purchase  property  encum- 
bered with  a  lien  for  taxes  shall  be  deemed  as  to  such  taxes 
a  delinquent  taxpayer,  and  such  purchaser  takes  the  property 
charged  with  the  lien,  and  he  can  not  interpose  any  defence 
which  his  vendor  might  not  have  interposed  had  he  continued 
to  be  the  owner  thereof.  And  no  delinquent  taxpayer  shall 
have  the  right  to  plead  in  any  court,  or  in  any  manner  rely 
upon,  any  statute  of  limitation  by  way  of  defense  against  the 
jjayment  of  any  taxes  or  assessments  due  from  him  or  her  to 
the  city  of  Galveston. 

51 


Sec.  61-63.  chaktee  of  the 

Sec.  61.  In  all  cases  where  the  State  has  instituted  suit  for 
taxes,  where  taxes  are  due  the  city  on  the  same  property  for 
the  same  years,  the  city  of  Galveston  shall  have  the  right  to 
intervene  in  such  pending  suits  and  have  judgment  for  its 
taxes  and  to  foreclose  its  lien  for  said  taxes,  and  in  cases  where 
the  city  has  first  instituted  suits  for  taxes  the  State  shall  have 
the  same  right  to  intervene. 

Sec.  62.  Said  board  of  commissioners  shall  have  the  power 
to  license,  tax  and  regulate  merchants,  commission  merchants, 
hotel  and  innkeepers,  drinking  houses  or  saloons,  barrooms, 
beer  saloons  and  all  places  or  establishments  where  intoxi- 
cating or  fermented  liquors  are  sold,  brokers,  money  brokers, 
real  estate  agents,  insurance  agents,  insurance  brokers,  and 
all  other  trades,  professions,  occupations  and  callings  of  every 
kind  not  specially  mentioned  herein  as  may  be  taxed  or  li- 
censed by  the  laws  of  the  State,  but  no  assessment  or  license 
tax  levied  imder  this  section  shall  exceed  one-half  of  the 
amount  levied  by  the  State  for  the  same  period  on  such  pro- 
fession or  occupation,  and  the  same  may  be  regulated,  levied 
and  collected  in  the  same  manner  as  said  taxes  are  regulated 
and  collected  by  the  State. 

Said  board  shall  also  have  the  power  to  license  and  regulate 
any  itinerant  or  transient  vendor  of  clothing  or  wearing  ap- 
parel, article  of  bedding  or  merchandise  of  any  description 
whatever.  To  license  and  regulate  dealers  in  bankrupt  or  fire 
stock,  or  damaged  stocks  of  any  kind,  second-hand  dealers, 
pawnbrokers,  junk  shops  and  dealers  in  junk,  or  any  other 
business  or  occupation  which  in  the  opinion  of  said  board 
shall  be  the  proper  subject  of  police  regulation. 

Sec.  63.  The  board  of  commissioners  of  said  city,  by  the 
unanimous  vote  of  the  full  board,  shall  have  the  power,  and 
are  hereby  authorized,  to  correct,  adjust  and  reduce  any  as- 
sessment upon  property  heretofore  made,  and  in  cases  of 
financial  inability,  or  acute  financial  distress,  caused  by  the 
hurricane  of  September  8,  1900,  to  compromise,  adjust  and  set- 
tle any  uncollected  taxes,  interest  and  penalty  levied  for  the 
year  1900,  by  said  city  upon  such  property,  and  also  to  com- 
promise and  settle  any  judgment  for  taxes,  interest  and  pen- 
alty.   The  power  and  authority  conferred  by  this  section  upon 

52 


CITY   OF   GALVESTON.  SeC.  64-66. 

said  board  of  commissioners  ma}^  also  be  exercised  and  en- 
forced by  any  court  of  competent  jurisdiction. 

ScE.  6-i.  That  all  revenue  arising-  from  assessments  or  real 
and  personal  property,  that  have  been  heretofore  or  may  here- 
after be  made  or  levied  on  account  of  public  schools  or  public 
education  in  the  said  city,  shall  be  and  remain  for  the  use  and 
benefit  of  the  public  schools  of  said  city,  and  when  the  said 
tax  is  collected  it  shall  be  paid  over,  weekly,  to  the  treasurer 
of  the  board  of  public  school  trustees  of  the  said  city. 

Sec.  65.  The  board  of  commissioners  of  said  city  of  Gal- 
veston shall,  annually,  levy  and  assess  the  special  tax  for  the 
support  of  the  public  free  schools  in  said  city  that  has  hereto- 
fore been  or  may  be  hereafter  voted  for  that  purpose  by  the 
qualified  voters  in  the  city  of  Galveston,  by  an  ordinance  duly 
passed  by  said  board  upon  the  requisition  of  the  board  of 
trustees  of  the  public  schools  of  the  city  of  Galveston,  said 
tax  to  be  levied  and  assessed  in  the  same  manner  as  is  re- 
quired by  this  act  in  the  levy  and  assessment  of  taxes  for  gen- 
ral  purposes. 

Sec.  66.  The  board  of  commissioners  shall  have  power  to 
assess  and  collect  the  ordinary  municipal  taxes  upon  city  or 
horse  railroads,  and  to  compel  the  said  city  railroad  companies 
to  keep  their  roads  in  repair,  and  to  restrain  the  rate  of  travel 
so  as  not  to  exceed  seven  miles  per  hour,  and  to  compel  said 
city  railroads  to  supply  ample  accommodation  for  the  safe  and 
convenient  trave'l  of  the  people  on  any  street  where  their 
tracks  may  run.  The  board  of  commissioners  may  enforce 
these  regulations  by  proper  ordinance,  wnth  suitable  penalties 
for  any  violation  of  said  ordinances. 

Whenever  the  said  board  of  commissioners  shall  determine 
to  fill,  grade,  pave,  or  otherwise  improve  any  street  or  avenue, 
and  over  and  upon  which,  or  any  portion  thereof,  there  may  be 
the  tracks  and  roadbed  of  any  railroad  company,  the  said  rail- 
road company  shall,  vipon  notice,  fill,  grade,  pave  or  otherwise 
improve  the  portion  of  said  street  or  avenue  so  occupied  by 
it,  between  the  rails  of  said  tracks  and  for  one  foot  on  each 
side  of  said  rails,  with  such  material  and  in  such  manner  as 
has  or  may  be  provided  by  said  commissioners  for  the  im- 
provement of  the  other  portions  of  such  street  or  avenue.  Upon 

53 


Sec.  67.  charter  of  the 

failure  so  to  do,  after  thirty  days'  notice,  the  said  board  may 
so  improve  such  street  or  avenue  between  said  rails  and  for 
one  foot  on  each  side  thereof  for  account  of  said  railroad  com- 
pany, and  for  all  sums  so  expended,  and  legal  interest  thereon, 
the  city  of  Galveston  shall  have  a  first  lien  on  the  roadbed, 
franchises  and  other  property  of  said  railroad  company  :  and  if 
not  paid  upon  demand,  suit  may  be  brought  by  said  city  to 
recover  said  indebtedness  and  for  the  foreclosure  of  said  lien. 

Sec.  67.  The  city  of  Galveston  shall  have  the  power  to 
issue  bonds  to  the  amount  of  not  exceeding  $3,100,000.00  of 
such  denomination  as  the  board  of  commissioners  may  deter- 
mine, payable  at  such  time,  not  to  exceed  fifty  years,  as  they 
may  determme  and  as  may  be  agreed  to  by  the  holders  of 
such  bonds,  bearing  interest,  payable  semi-annually,  at  a  rate 
to  be  agreed  on  by  the  holders  of  such  bonds  and  the  board 
of  commissioners;  said  interest  rate,  however,  not  to  exceed 
five  per  cent  per  annum,  but  the  city  ^of  Galveston  shall  have 
the  right  to  select  by  lot  as  interest  coupons  on  said  bonds 
mature,  sufficient  of  the  bonds  to  retire  at  not  exceeding  par, 
not  less  than  two  per  cent  per  annum  of  the  total  bonds  out- 
standing of  each  issue  into  the  sinking  fund  thereof.  These 
bonds  are  to  be  issued  for  the  purpose  of  refunding  such  of 
the  outsanding  bond  issues  of  the  city  of  Galveston  as  are 
hereinafter  specified;  that  is  to  say,  a  sufficient  number  of 
said  bonds  so  authorized  to  be  issued,  shall  be  in  lieu  and  in- 
stead of  the  outstanding  forty-year  limited  debt  bonds  of  18S1  ; 
a  sufficient  number  of  said  bonds  so  authorized  to  be  issued, 
shall  be  in  lieu  and  instead  of  the  waterworks,  street  improve- 
ment and  city  hall  bonds  outstanding;  a  sufficient  number 
thereof  shall  be  in  lieu  and  instead  of  the  forty-year  limited 
debt  bonds  of  1891  outstanding;  a  sufficient  number  thereof 
shall  be  in  lieu  and  instead  of  the  general  indebtedness  funding 
bonds  of  1895  outstanding;  a  sufficient  number  thereof  shall 
be  in  lieu  and  instead  of  the  general  indebtedness  funding 
bonds  approved  September  8,  1897,  outstanding;  a  sufficient 
number  thereof  shall  be  in  lieu  and  instead  of  bonds  out- 
standing, issued  for  the  establishment  and  maintenance  of  a 
sewerage  system  in  pursuance  of  an  ordinance  of  the  citv  of 


54 


CITY    OF   GALA^ESTOX,  SeO.  07. 

Galveston  passed  December  IC,  1897,  and  the  amendment 
thereof,  passed  August  21,  1899. 

The  board  of  commissioners  of  the  city  of  Galveston  shall 
have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 
tax  not  exceeding-  twenty  cents  on  the  one  hundred  dollars 
valuation  of  all  property  subject  to  taxation  within  said  city, 
in  order  to  provide  for  the  payment  of  interest  at  such  rate  as 
may  hereafter  be  determined  by  the  board  of  commissioners 
of  said  city  of  Galveston,  not  to  exceed  five  per  cent  per  an- 
num, and  to  create  a  sinking  fund  of  not  less  than  two  per 
cent  per  annum  on  such  amount  of  the  total  bonds  remaining 
unpaid,  of  the  issue  of  what  is  known  as  the  forty-year  limited 
debt  bonds  of  1881,  and  refunding  bonds,  respectively  issued 
in  lieu  of  same. 

The  board  of  commissioners  of  the  city  of  Galveston  shall 
have  the  power  to  levy,  assess  and  collect  an  annual  ad  valo- 
rem tax  not  exceeding  sixteen  and  four-tenths  cents  on  the 
one  hundred  dollars  valuation  of  all  property  subject  to  taxa- 
tion within  said  city  in  order  to  provide  for  the  payment  of 
interest  at  such  rate  as  may  hereafter  be  determined  by  the 
Ijoard  of  commissioners,  not  to  exceed  five  per  cent  per  annum, 
and  to  create  a  sinking  fund  of  not  less  than  two  per  cent  per 
annum  on  such  amount  of  the  total  bonds  remaining  unpaid  of 
the  issue  of  what  is  known  as  the  waterworks,  street  improve- 
ment and  city  hall  bonds,  and  refunding  bonds,  respectively 
issued  in  lieu  of  same. 

The  board  of  commissioners  of  the  city  of  Galveston  shall 
ha\e  the  power  to  levy,  assess  and  collect  an  annual  ad  valo- 
rem tax  not  exceeding  thirty-three  cents  on  the  one-hundred 
dollars  valuation  of  all  property  subject  to  taxation  within 
said  city,  in  order  to  provide  for  the  payment  of  interest  at 
such  rate  as  may  hereafter  be  determined  by  the  board  of 
commissioners,  not  to  exceed  five  per  cent  per  annum,  and  to 
create  a  sinking  fund  of  not  less  than  two  per  cent  per  annum 
on  such  amount  of  the  total  bonds  remaining  unpaid  of  the 
issue  of  what  is  known  as  the  forty-year  limited  debt  bonds 
of  1891,  and  refundmg  bonds,  respectively,  issued  in  lieu  of 
same. 


55 


Sec.  67.  charter  of  the 

The  board  of  commissioners  of  the  city  of  Galveston  shall 
have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 
tax  of  not  exceeding  five  and  five-tenths  cents  on  the  o-ie 
hundred  dollars  valuation  of  all  property  subject  to  taxation 
within  said  city,  in  order  to  provide  for  the  payment  of  interest 
at  such  rate  as  may  hereafter  be  determined  by  the  board  of 
commissioners,  not  to  exceed  five  per  cent  per  annum,  and  to 
create  a  sinking  fund  of  not  less  than  two  per  cent  per  annum 
on  such  amount  of  the  total  bonds  remaining  unpaid  of  the 
issue  of  what  is  known  as  the  general  indebtedness  refund- 
ing bonds  of  1895,  and  refunding  bonds,  respectively,  issued 
in  lieu  of  the  same. 

The  board  of  commissioners  of  the  city  of  Galveston  shall 
have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 
tax  not  exceeding  five  cents  on  the  one  hundred  dollars  valua- 
tion of  all  property  subject  to  taxation  within  the  said  city 
in  order  to  provide  for  the  payment  of  interest  at  such  rate 
as  may  hereafter  be  determined  by  the  board  of  commission- 
ers, not  to  exceed  five  per  cent  per  annum,  and  to  create  a 
sinking  fund  of  not  less  than  two  per  cent  per  annum  on  such 
amount  of  the  total  bonds  remaining  unpaid,  of  the  issue  of 
what  is  known  as  the  general  indebtedness  refunding  bonds 
of  1897,  and  refunding  bonds,  respectively,  issued  in  lieu  of 
the  same. 

The  board  of  commissioners  of  the  city  of  Galveston  shall 
have  power  to  levy,  assess  and  collect  an  annual  ad  valorem 
tax,  not  exceeding  ten  cents  on  the  one  hundred  dollars  valu- 
ation of  all  property  subject  to  taxation  within  said  city,  in 
order  to  provide  for  the  payment  of  interest  at  such  rate  as 
may  hereafter  be  determined  by  the  board  of  commissioners, 
^not  to  exceed  five  per  cent  per  annum,  and  to  create  a  sinking 
fund  of  not  less  than  two  per  cent  per  annum  on  such  amount 
of  the  total  bonds  remaining  unpaid  of  the  issue  of  what  is 
known  as  the  sewer  bonds  and  refunding  bonds,  respectively, 
issued  in  lieu  of  same.  Provided,  however,  that  the  said  board 
of  commissioners  shall  not  determine  upon  a  less  rate  of  in- 
terest than  five  per  cent  per  annum  upon  any  outstanding  legal 
bonds  of  the  city  of  Galveston,  except  and  unless,  with  the 
consent  of  the  holders  of  such  bonds,  respectively,  and  if  the 

56 


CITY   OF   GALYESTOX.  SeC.  67. 

holder  or  holders  of  any  such  bonds  do  not  so  consent  to  a  less 
rate  of  mterest  than  five  per  cent  per  annum,  then,  and  in  that 
case,  the  bond  or  bonds  of  any  such  holder  or  holders,  not  so 
consenting,  shall  bear  interest  at  the  rate  of  five  per  cent  per 
annum. 

This  act  shall  not  be  so  construed  as  to  authorize  the  board 
of  commissioners  of  the  city  of  Galveston  to  levy  or  to  assess 
or  to  collect  any  tax  in  excess  of  the  rates  mentioned  in  this 
section,  for  the  purpose  of  paying  the  interest  on,  or  creating 
a  sinking  fund  for,  any  series  of  either  the  outstanding  bonds 
or  the  refunding  bonds  mentioned  in  this  section;  provided, 
however,  that  if  any  of  such  outstanding  bonds  be  not  re- 
funded, then,  and  in  that  case,  said  board  of  commissioners 
shall  have  power  to  levy,  assess  and  collect  such  rate  of  taxa- 
tion to  pay  the  interest  on,  and  to  create  a  sinking  fund  for, 
such  bonds  not  refunded,  as  does  not  exceed  the  rate  of  taxa- 
tion prescribed  in  any  legal  ordinances,  resolution  of  act  here- 
tofore passed  by  the  city  council  of  the  city  of  Galveston  or 
act  of  the  Legislature  heretofore  passed  relating  thereto, 
providing  for  the  issuance  and  payment  of  either  principal 
or  interest  of  any  such  outstanding,  legal,  unpaid  and  unre- 
funded  of  the  city  of  Galveston. 

Each  of  said  funds  so  created  shall  be  a  special  fund  for 
the  purposes  aforesaid  and  shall  not  be  dravv-n  upon  or  diver- 
ted for  any  other  purpose,  and  the  city  treasurer  of  said  city 
of  Galveston  shall  honor  no  drafts  upon  said  fund,  except  to 
pay  the  interest  upon,  or  to  redeem  the  bonds  for  which  each 
or  either  of  said  funds  was  created  under  the  provisions  of  this 
section.  All  bonds  issued  as  refunding  bonds,  shall  be  signed 
by  the  president  of  the  board  of  commissioners  and  coun- 
tersigned by  the  secretary  of  said  board  and  shall  be  payable 
at  such  place  as  may  be  fixed  by  ordinance  of  said  board  of 
commissioners.  It  shall  be  the  duty  of  the  president  of  said 
board  of  commissioners,  when  such  bonds  are  issued,  to  for- 
ward the  same  to  the  Comptroller  of  the  State  of  Texas,  whose 
duty  it  shall  be  to  register  them  in  a  book  kept  for  that  pur- 
pose, and  to  indorse  on  each  bond  registered  his  certificate 
of  resfistration. 


57 


Skc.  67.  CHARTER   OF   THE 

Immediately  upon  the  qualification  of  the  commissioners 
of  the  Citv  of  Galveston  to  be  appointed  and  elected  as  pro- 
vided in  this  act,  or  as  soon  thereafter  as  practicable,  it  shall  be 
their  duty  to  make  publication  of  the  terms  of  this  funding  act : 
but  the  passage  of  this  act  shall  be  and  is  hereby  deemed  suf- 
ficient notice  to  the  holders  of  the  present  bonds  of  the  city 
of  Galveston  now  outstanding. 

The  manner  of  exchange  of  refunding  bonds,  their  date  of 
issuance,  rate  of  interest,  maturity  and  all  other  details  of  the 
issuance  of  the  new  bonds  is  hereby  left  to  the  board  of  com- 
missioners under  such  rules  and  regulations  as  a  majority  of 
them  shall  prescribe,  not  inconsistent  with  the  provisions  of 
this  act. 

The  acceptance  and  consummation  by  any  creditor  of  the 
exchange  of  bonds  provided  by  this  act  shall  of  itself  operate 
to  assign  and  transfer  to  said  municipal  corporation,  all  his 
rights  to,  and  claims  against  the  uncollected  taxes  or  other 
assets  whatever,  of  said  municipal  corporation,  including 
whatever  funds  there  may  be,  either  in  bonds,  money  or  other 
securities,  held  in  either  interest  or  sinking  funds  of  the  issue 
so  exchanged  or  refunded,  with  the  right  in  said  municipal 
corporation  to  enforce  the  same  either  in  his  own  name  or  in 
the  name  of  the  creditor;  and  the  funds  that  may  be  realized 
therefrom  are  to  be  paid  to  the  treasurer  of  said  munici]ial 
corporation,  and  they  are  hereby  devoted  and  appropriated 
to  the  payment  of  the  present  floating  debt  of  the  city  of  Gal- 
veston ;  and  after  that  is  paid  to  go  in  the  general  fund  for  any 
proper  municipal  purposes,  so  far  as  is  not  inconsistent  with 
the  terms  of  this  act. 

Said  board  of  commissioners  shall  have  the  power  and  it  is 
made  their  duty,  from  time  to  time,  as  they  may  determine, 
whenever  as  much  as  two  thousand  dollars  shall  have  accum- 
ulated in  the  sinking  fund  of  any  of  the  proposed  series  of 
refunding  bonds,  to  invest  the  same  in  bonds  of  any  such  se- 
ries, in  bonds  of  said  city  of  Galveston,  in  bonds  of  the  State 
of  Texas,  or  in  bonds  of  the  United  States,  as  may  be  deemed 
most  advantageous  by  said  board;  provided,  however,  that 
when  bonds  of  any  particular  series  are  purchased  for  the 
sinking  fund  of  the  same  series,  said  bonds  shall  be  canceled 

58 


CITY    OF   GALVESTON.  SEG.   68. 

and  retired.  It  shall  be  the  duty  of  said  board  of  commission- 
ers, upon  the  surrender  of  any  evidence  of  indebtedness,  for 
which  a  new  bond  is  to  be  issued,  under  the  provisions  of  this 
act,  and  before  the  said  bond  is  delivered,  to  cancel  the  evi- 
dence of  indebtedness  so  surrendered,  with  a  punch  or  by 
witness  across  the  face  thereof,  that  it  is  canceled,  so  that  it 
cannot  be  again  used.  All  matured  interest  coupons  shall  be 
surrendered  with  the  bonds,  and  no  bond  shall  be  received  or 
refunded  from  which  unmatured  interest  coupons  are  de- 
tached, unless  such  coupons  are  produced  and  surrendered 
with  the  bond. 

Said  board  of  commissioners  shall  also  keep,  or  cause  to  be 
kept,  for  and  on  behalf  of  the  city  of  Galveston,  a  complete 
bond  registry  and  set  of  books,  showing  all  bonds  issued,  the 
date  and  amount  thereof,  the  rate  of  interest,  maturity,  etc., 
of  all  bonds  or  other  indebtedness  surrendered  under  the  pro- 
visions of  this  act,  and  all  the  other  transactions  of  such 
board  having  reference  to  the  refunding  of  the  indebtedness 
of  said  city.  AVhen  bonds  or  their  coupons  are  paid,  their 
payment  or  cancellation  shall  be  noted  in  said  registry,  and 
the  said  book  so  required  shall  be  kept  safely  among  the 
records  of  the  said  city  of  Galveston. 

No  other  taxing  power  whatever,  for  any  other  purpose  than 
is  set  forth  in  this  act,  shall  be  exercised  by  the  board  of  com- 
missioners of  the  city  of  Galveston  under  this  act. 

That  for  any  violation  of  the  trusts  imposed  upon  the  offi- 
cers or  agents  of  the  city  of  Galveston  employed  under  this 
act,  the  same  consequences  shall  follow  civilly  and  criminally, 
that  result  from  any  breach  of  trust  or  willful  violation  of 
dut}-  imposed  by  law  upon  any  of  the  officers  of  the  State  of 
Texas,  charged  with  the  discharge  of  like  duties,  and  for  a 
breach  of  trust  or  willful  violation  of  duty  in  respect  thereof, 
upon  conviction,  they  shall  be  punished  in  like  manner  as  is 
or  may  be  provided  by  the  penal  laws  of  the  State  of  Texas. 

Sec.  68.  The  board  of  commissioners  of  said  city  of  Gal- 
veston shall  have  the  power  and  they  are  hereby  authorized 
to  appoint  a  board  of  engineers,  to  consist  of  three  competent 
and  skilled  engineers,  who  shall  devise  and  report  to  said 
board   of   commissioners   plans   and   specifications,   with   esti- 

59 


Sec.  69.  cHARTEii  or  the 

mates  of  the  cost,  for  elevating,  filling  and  grading  the  ave- 
nues, streets,  sidewalks,  alleys  and  lots  of  the  city  of  Galves- 
ton, so  as  to  protect  said  city  from  overflow  from  the  waters 
of  the  gulf  and  to  secure  sufficient  elevation  for  drainage  and 
sewerage.  When  the  report  of  said  board  of  engineers  has 
been  adopted  by  the  board  of  commissioners,  all  filling,  rais- 
ing and  grading  in  said  city  shall  be  done  with  reference  to 
the  grades  thus  established.  The  board  of  commissioners  are 
authorized  to  spend  out  of  the  general  revenue  of  the  city 
a  sum  not  to  exceed  ten  thousand  (10,000)  dollars  to  pay  the 
expenses  of  said  board  of  engineers. 

Sec.  69.  The  board  of  commiss'oners  shall  have  the  power 
and  are  authorized  in  addition  to  the  powers  granted  by  this 
act,  to  issue  other  bonds;  also  to  issue,  from  time  to  time, 
bonds  of  the  city  of  Galveston,  in  the  denomination  of  one 
hundred  (100)  dollars  or  multiples  thereof,  to  the  amount  of 
one  million,  five  hundred  thousand  (1,500,000)  dollars,  pay- 
able not  more  than  fifty  years  after  their  date,  with  the  right 
of  the  city  at  any  time  to  select  by  lot  and  redeem  with  the 
sinking  fund  any  of  them,  and  bearing  interest,  payable  semi- 
annually, at  the  rate  of  not  to  exceed  five  (5)  per  cent  per 
annum.  Said  bonds  shall  not  be  sold  or  otherwise  disposed 
of  at  less  than  par,  and  their  proceeds  shall  be  used  and  ex- 
pended for  raising  and  filling  to  grade  the  avenues,  streets, 
sidewalks,  alleys  and  lots  in  the  following  localities  in  said 
city,  viz : 

First,  that  part  of  the  city  lying  east  of  the  west  line  of 
Thirteenth  street  and  south  of  Market  street ;  and,  second,  that 
part  of  the  city  lying  west  of  Thirteenth  street  and  south  of 
the  north  line  of  Broadway,  or  such  portions  of  said  localities 
as  may  be  designated  by  the  board  of  commissioners  upon  the 
recommendation  of  the  board  of  engineers  provided  for  in  the 
foregoing  Section  No.  68. 

Said  board  of  commissioners  may  also  expend  and  use  not 
to  exceed  one  hundered  thousand  (100,000)  dollars  of  the 
proceeds  of  said  bonds  in  raising  and  filling  to  grade  the 
streets  and  avenues  in  any  locality  in  said  city.  All  lots  and 
blocks  in  the  portions  of  the  city  above  designated,  that  are 
below  the  grades  that  may  be  established  for  those  localities, 

60 


CITY    OF    GALVESTON.  SeC.   70-72. 

are  hereby  declared  to  be  dangerous  to  the  health  and  safety 
of  the  inhabitants  of  said  city  and  a  public  necessity  exists 
for  raising  and  filling  the  same  to  grade,  and  said  board  of 
commissioners  shall  have  the  power  and  are  hereby  authorized 
to  cause  the  same  to  be  raised  and  filled  to  grade  and  to  pay 
for  the  same  out  ut  the  proceeds  of  the  bonds  herein  authorized 
to  be  issued. 

Sec.  70.  All  moneys  that  may  be  donated  or  appropriated 
by  the  State  of  Texas  to  the  city  of  Galveston  shall  be  applied 
to  and  used  for  the  purpose  of  paying  the  interest  upon  and 
providing  a  sinking  fund  of  not  less  than  two  per  cent  per  an- 
num, for  the  redemption  of  the  one  million  five  hunded  thous- 
and (1,500,000)  dollars  of  bonds  the  issuance  of  which  is  pro- 
vided for  in  the  preceding  Section  No.  69,  and  said  board  of 
commissioners  shall  have  the  power  and  are  hereby  authorized 
to  levy  and  caused  to  be  assessed  and  collected  for  the  year 
1002  and  annually  thereafter  an  ad  valorem  tax  of  not  to  ex-- 
cecd  forty  cents  on  the  hundred  dollars  cash  value  of  all  real, 
personal  and  mixed  property  within  the  corporate  limits  ot 
said  city  of  Galveston,  or  that  may  be  taxable  therein  on  t'.'e 
first  day  of  January  of  each  and  every  year,  except  so  mucli 
thereof  as  may  be  exempted  by  the  Constitution  and  laws  of 
this  State  or  of  the  United  States. 

Sec.  71.  In  addition  to  the  ad  valorem  tax  provided  for 
in  Section  70  of  this  act,  said  board  of  commissioners  may,  ex- 
cept in  so  far  as  the  same  are  otherwise  disposed  of  by  this  act, 
also  hypothecate  and  pledge  the  annual  dividends  and  income 
that  may  be  received  by  the  city  from  its  stock  in  the  Galves- 
ton Wharf  Compan}^  or  so  much  thereof  as  will,  when  adfled 
to  the  money  received  each  year  from  the  ad  valorem  tax 
proN'ided  for  in  said  Section  N^o.  70,  be  sufficient  to  pay  the 
interest  and  sinking  fund  upon  the  bonds  authorized  to  be 
issued  under  said  Section  No.  69  that  are  then  outstanding. 

Sec.  72.  Each  tax  authorized  under  this  act  to  be  levied, 
assessed  and  collected  for  the  purpose  of  paying  the  interest 
and  sinking  fund  upon  any  bond  issue  under  this  act  shall 
be,  and  the  same  is  hereby,  declared  to  be  a  trust  fund  for 
the  purpose  of  paying  the  interest  upon  and  providing  a 
sinking  fund  for  the  redemption  of  the  respective  bonds  for 

61 


Sec.  73.  charter  of  the 

which  it  was  levied;  and  when  collected  the  money  therefrom 
shall  never  be  diverted  from  the  purpose  for  which  it  was 
levied,  nor  used  for  any  other  purpose.  Any  dividend  or 
income  that  may  be  pledged  to  secure  the  interest  and  sink- 
ing fund  upon  any  of  the  bonds  authorized  to  be  issued  under 
this  act  shall  also  be,  and  is  hereby,  declared  to  be  a  trust 
fund,  and  shall  never  be  used  for  any  other  purpose  than  that 
for  which  the  same  may  be  hypothecated  or  pledged. 

Sec.  73.  The  president  of  said  board  of  commissioners  shall 
cause  to  be  prepared  and  make  stated  financial  reports  at 
least  as  often  as  once  every  six  (6)  months  to  the  Comp- 
troller of  the  State  of  Texas,  in  .iccordance  with  forms  and 
methods  to  be  prescribed  by  said  Comptroller.  All  such 
reports  shall  be  certified  as  to  their  correctness  by  the  audiloi 
of  said  city.  Such  reports  shall  be  printed  as  a  part  of  the 
public  documents  of  the  State  and  be  submitted  by  the  Comp- 
troller of  the  State  to  the  Legislature  at  each  regular  session 
next  succeeding  the  making  of  such  reports.  Such  reports 
shall  contain  an  accurate  statement  in  summarized  form,  and 
also  in  detail,  of  the  financial  receipts  of  the  city  from  all 
sovirces,  and  of  the  expenditures  of  the  city  for  all  purposes, 
together  with  a  statement  in  detail  of  the  debt  of  said  city 
at  the  date  of  said  report,  and  of  the  purposes  for  which  said 
debt  has  been  incurred,  as  well  as  such  other  information 
as  may  be  required  by  said  Comptroller  of  the  State.  Said 
Comptroller  of  the  State  shall  have  power,  and  it  is  also 
made  his  duty,  by  himself  or  by  some  competent  person  or 
persons  appointed  by  him,  to  examine  into  the  afTairs  of  the 
financial  department  of  said  city;  on  every  such  examination, 
inquiry  shall  be  made  as  to  the  financial  condition  and  re- 
sources of  the  city,  and  whether  the  requirements  of  the 
Constitution  and  laws  have  been  complied  with  and  into  the 
methods  and  accuracy  of  the  accounts  of  the  said  city,  and 
as  to  such  other  matters  as  the  said  Comptroller  may  pre- 
scribe. The  Comptroller  of  the  State  and  every  such  ex- 
aminer appointed  by  him  shall  have  power  to  administer  an 
oath  to  any  person  whose  testimony  may  be  required  on 
any  such  examination,  and  to  compel  the  apperance  and 
attendance  of  any  such  person  for  the  purpose  of  any  such 

62 


CITY   OF   GALVESTON".  SeC.  74. 

examination  and  the  production  of  books  and  papers.  A  re- 
port of  each  such  examination  shall  be  made  and  shall  be 
a  matter  of  public  record  in  the  office  of  said  Comptroller. 

Sec.  74.  That  the  said  board  of  commissioners  shall,  in 
every  case,  before  entering  into  any  contract  involving  the 
expenditure  of  more  than  five  hundred  (500)  dollars,  ad- 
vertise daily,  for  one  week  or  more,  in  the  official  news- 
paper of  said  city,  to  be  designated  as  provided  in  this  act, 
for  proposals  for  work  to  be  done,  or  materials  to  be  fur- 
nished, and  shall  open  all  bids  on  the  day  named  in  the  ad- 
vertisements, or  as  soon  thereafter  as  practicable,  in  the 
presence  of  not  less  than  three  (3)  members  of  said  board, 
and  shall  enter  such  bids  with  the  names  of  the  bidders,  in 
a  book  to  be  kept  for  that  purpose,  which  book  shall  at  all 
times  be  open  for  the  inspection  of  citizens,  and  every  bid 
shall  remain  at  least  one  day  open  for  discussion  before  any 
contract  shall  be  awarded  upon  it,  and  after  that  time  the 
award  shall  be  made,  if  at  all,  to  the  lowest  responsible  bid- 
<ler,  who  shall  in  all  cases  be  required  to  give  ample  bond 
and  security  for  its  performance,  the  bond  and  security  to  be 
approved  by  the  members  of  said  board,  or  a  majority  thereof. 
No  contract  shall  be  made  which  does  not  receive  the  •I'^sent 
of  a  majority  of  all  said  board;  and  all  such  contracts  involv- 
ing an  expenditure  of  said  sum  shall  be  in  writing,  and  shall 
be  executed  by  the  president  and  secretary  of  said  board,  and 
shall  also  be  executed  by  the  other  contracting  party,  and  shall 
be  recorded  in  full  in  a  well-bound  book  to  be  kept  for  that 
purpose,  open  to  the  inspection  of  citizens  at  all  times.  The 
commissioner  designated  as  the  head  of  each  department  shall 
in  every  case  involving  an  expenditure  of  over  five  hundred 
(500)  dollars,  before  any  advertisement  be  made  for  pro- 
posals, submit  to  the  said  board  a  statement  in  writing,  with 
an  estimate  by  him  of  the  cost  of  the  proposed  work  to  be 
done,  or  materials  to  be  furnished,  and  unless  the  same  re- 
ceive the  sanction  of  at  least  three  members  of  said  board 
it  shall  not  be  advertised,  nor  undertaken;  said  written 
sanction  to  be  endorsed  on  the  statement  with  the  estimate 
made  by  said  commissioner,  and  to  be  kept  on  file  'u  the 
office  of  said  board.     It  shall  be  a  felony  for  any  membe';  of 

63 


Sec.  75-77.  charter  of  the 

said  board  to  become  interested,  directly  or  indirectly,  nearly 
or  remotely,  in  any  contract  of  any  kind  made  in  behalf  of 
said  city,  and  upon  conviction  the  guilty  party  shall  be  pun- 
ished as  provided  by  Article  266  of  the  Penal  Code  of  the 
State  of  Texas,  governing  such  matters;  provided,  however, 
chat  nothing  in  this  section  shall  be  construed  to  prohibit 
said  board  from  having  v^^ork  done  by  day  labor,  or  materials 
purchased  under  such  rules  and  regulations  as  said  board 
may  by  ordinance  prescribe. 

Sec.  75.  That  no  person  shall  be  an  incompetent  judgc^ 
justice,  witness  or  juror  by  reason  of  his  being  an  inhabitant 
or  freeholder  in  the  city  of  Galveston,  in  any  action  or  pro- 
reeding  in  which  said  city  may  be  a  party  interested;  and 
all  officers  and  employes  of  said  cit}'-  shall  be  exempt  from 
jury  service  while  holding  office  or  in  the  employ  of  said 
city. 

Sec.  76.  At  the  end  of  each  fiscal  year  if  an  amount  should 
have  accrued  from  taxation,  or  revenue  received  from  divi- 
dends on  stock  or  surplus  receipts,  or  earnings  from  any 
source,  which  are  now  or  will  be  hereafter  pledged  to  be 
applied  to  the  interest  and  sinking  funds  for  the  protection 
of  all  classes  of  outstanding  bonds,  or  bonds  to  be  hereafter 
issued,  should  exceed  two  per  cent  for  sinking  fund,  then 
and  in  that  event  the  surplus,  if  any,  over  and  abo\e  said 
two  per  cent  sinking  fund,  can  be  used  for  the  purpose  of  mak- 
ing general  improvements,  or  otherwise,  as  the  commission- 
ers may  determine. 

Sec.  77.  All  ordinances  of  the  city,  when  printed  and  pub- 
lished by  authority  of  the  board  of  commissioners,  shall  be 
admitted  and  received  in  evidence  in  all  courts  and  placee 
without  any  further  proof  whatever,  and  all  ordinances  thus 
printed  in  book  or  pamphlet  form  shall  be  presumed  to  have 
been  printed  by  authority  of  the  said  board,  and  shall  be 
prima  facie  evidence  of  that  fact.  Certified  copies  of  ordi- 
nances shall  also  be  received  in  evidence.  All  ordinances, 
resolutions,  rules  and  regulations  now  in  force  in  the  city  of 
Galveston  and  not  in  conflict  with  the  provisions  of  this 
act,  shall  remain  in  force  under  this  act  until  ahered,  amended 
or  repealed  by  said  board,  after  this  act  takes  efifect. 

G4 


CITY   OF   GALVESTON.  SEC.   78-80. 

Sec.  78.  There  is  hereby  created  and  established  in  said 
city  of  Galveston  a  court  to  be  known  as  the  recorder's  court 
in  such  city,  which  shall  have  the  jurisdiction  and  organiza- 
tion hereinafter  prescribed. 

Sec.  79.  Said  court  shall  have  jurisdiction  within  the  ter- 
ritorial limits  of  said  city  in  all  criminal  cases  arising  under 
this  act  or  under  the  ordinances  of  the  board  of  commis- 
sioners made  in  pursuance  of  this  act,  and  shall  also  have 
jurisdiction,  concurrently,  with  any  justice  of  the  peace  in 
any  precinct  in  wnich  said  city  is  situated,  in  all  original 
cases  arising  under  the  criminal  laws  of  this  State  in  which 
the  pimishment  is  by  fiiie  only,  and  where  the  maximum 
of  such  fine  may  not  exceed  two  hundred  (300)  dollars,  and 
arising  within  the  territorial  limits  of  said  city.  Such  court 
shall  be  known  as  the  recorder's  court  of  the  city  of  Gal- 
veston. 

Sec.  80.  Such  court  shall  be  presided  over  by  a  judge, 
to  be  known  as  the  recorder  of  such  court,  who  shall  be 
elected  by  the  board  of  commissioners  of  said  city  as  soon 
as  practicable  after  their  organization,  and  who  shall  hold 
his  office  for  two  years  after  his  election  and  until  his  suc- 
cessor shall  be  elected  and  shall  qualify.  The  secretary  of 
the  board  of  commissioners  shall  be  ex-officio  clerk  of  such 
court.  The  clerk  of  said  court  shall  hold  his  office  as  clerk 
of  said  court  during  his  term  as  secretary  of  such  board  of 
commissioners,  and  until  his  successor  as  secretary  of  said 
board  is  elected  and  qualified.  It  shall  be  the  duty  of  such 
clerk  to  keep  a  minute  of  the  proceedings  of  the  said  court; 
to  issue  all  process,  and  generally  to  do  and  perform  all  of 
the  duties  of  a  clerk  of  a  court  as  prescribed  by  law  for  the 
clerk  of  the  county  court,  in  so  far  as  the  said  provisions 
may  be  applicable.  The  judge  of  said  court  shall  receive 
such  annual  salary,  to  be  paid  monthly  out  of  the  treasury 
of  said  city,  as  may  be  fixed  by  said  board  of  commissioners, 
not  exceeding  the  annual  sum  of  six  hundred  (600)  dollars. 

In  case  of  vacancy  in  the  office  of  recorder  or  clerk  of 
such  court,  the  same  shall  be  filled  by  the  board  of  com- 
missioners, sitting  as  a  board,  for  the  unexpired  term  only. 


65 


Sec.  81-83.  chaeter  of  the 

Sec.  81.  All  rules  of  pleading-,  practice  and  procedure  now 
established  for  the  county  court  shall  apply  in  said  recorder's 
court,  in  so  far  as  the  same  are  applicable,  except  that  the 
proceedings  in  said  court  shall  be  commenced  by  complaint, 
in  the  manner  and  under  the  regulations  as  now  prescribed 
by  law  in  cases  prosecuted  before  justices  of  the  peace,  and 
except  that  the  recorder  need  not  charge  the  jury  except 
upon  charges  requested  in  writing  by  the  defendant  or  his 
attorney,  which  such  charges  he  shall  have  power  to  give 
or  refuse,  under  the  same  rules  and  regulations  now  ap- 
plicable to  the  granting  or  refusing  of  such  charges  by  the 
county  judge  in  criminal  cases.  That  complaints  before  such 
court,  hereby  created  and  established,  may  be  sworn  to  be- 
fore the  recorder,  the  clerk  of  said  court,  or  the  attoriiey 
for  said  board,  each  and  every  one  of  which  officers,  for  that 
purpose,  shall  have  power  to  administer  oaths. 

Sec.  82.  The  said  recorder's  court  of  said  city  shall  have 
a  seal,  to  be  supplied  by  the  board  of  commissioners,  having 
engraved  thereon  a  star  of  five  points  in  the  center,  and  the 
words  "Recorder's  Court  for  the  City  of  Galveston,  Texas," 
the  impress  of  which  seal  shall  be  attached  to  all  proceed- 
ings, except  subpoenas,  issued  out  of  said  court,  and  shall 
be  used  to  authenticate  the  official  acts  of  the  clerk  and  the 
recorder,  where  he  is  authorized  or  required  to  use  the  seal 
of  office. 

Sec.  83.  That  all  prosecutions  in  said  court,  whether 
under  this  act  or  under  the  provisions  of  the  Penal  Code,  or 
under  an  ordinance  of  the  board  of  commissioners,  shall  be 
commenced  in  the  name  of  the  State  of  Texas,  and  shall  con- 
clude "against  the  peace  and  dignity  of  the  State,"  and  where 
the  offense  is  covered  by  an  ordinance  of  the  board  of  com- 
missioners of  said  city,  the  complaint  may  also  conclude,  "as 
contrary  to  the  said  ordinances,"  and  all  prosecutions  in  such 
court  shall  be  conducted  by  the  attorney  for  said  board  of 
commissioners;  provided,  however,  that  the  county  attorney 
of  Galveston  county  shall  represent  the  State  of  Texas  in 
any  prosecution  in  said  court  arising  under  the  Penal  Code, 
and  in  all  such  cases  the  said  county  attorney  shall  be  en- 
titled to  receive   such   fees,  or  other   compensation,   for   said 

66 


CITY   OF   GALVESTON.  SEC.  84-86. 

services  as  are  or  may  be  allowed  by  law  in  case  of  prosecu- 
tions before  a  justice  of  the  peace;  and  in  no  case  shall  the 
said  county  attorney  have  the  powder  to  dismiss  any  prose- 
cution pending  in  said  court,  unless  for  reasons  filed  and 
approved  by  the  recorder  of  said  court. 

Sec.  84.  That  the  board  of  commissioners  shall,  from  time 
to  time,  by  ordinance,  prescribe  such  rules,  not  inconsistent 
with  the  provisions  of  this  act  nor  the  laws  of  this  State,  as 
in  the  discretion  of  said  board  of  commissioners  may  be 
proper,  to  enforce,  by  execution  against  the  property  of  the 
defendant,  or  by  imprisonment  of  the  defendant's  person, 
the  collection  of  all  costs  and  fines  imposed  by  such  re- 
corder's court,  and  shall  also  have  power  to  adopt  such  rules 
and  regulations  concerning  the  practice  and  procedure  in 
such  court  as  said  board  of  commissioners  may  deem  proper, 
not  inconsistent  with  the  provisions  of  this  act,  nor  with  any 
other  law  of  this  State  ;  and  until  the  passage  of  such  ordi- 
nance all  rules  and  regulations  of  the  city  of  Galveston  now 
in  force  concerning  the  municipal  court  therein,  and  the  en- 
forcement of  the  collection  of  the  fines  and  costs  imposed 
by  such  court,  shall  apply  to  the  court  hereby  created  and 
established  for  said  city  of  Galveston  so  far  as  the  same  may 
be  applicable. 

Sec.  85.  That  all  costs  and  fines  imposed  by  the  said  re- 
corder's court  in  any  prosecution  therein,  shall  be  paid,  when 
collected,  into  the  treasury  of  said  city,  for  the  use  and  bene- 
fit of  said  city ;  provided,  however,  that  all  costs  and  fines 
imposed  by  said  court  in  any  prosecution  therein  under  the 
Penal  Code  of  the  State  shall  be  disposed  of  as  directed  by 
laAv  in  like  cases  in  a  justice's  court. 

Sec.  86.  That  there  shall  be  taxed  against  and  collected 
of  each  defendant,  in  case  of  his  conviction  before  such  re- 
corder's court,  such  costs  as  may  be  provided  for  by  the 
ordinance  of  the  said  board  of  commissioners  for  said  city ; 
but  in  no  case  shall  the  board  of  commissioners  prescribe 
the  collection  of  greater  costs  than  is  prescribed  by  law  to 
be  collected  of  defendants  convicted  before  justices  of  the 
peace. 


Sec.  87-90.  chaetee  of  the 

Sec.  87.  That  the  provisions  of  the  Code  of  Criminal  Pro- 
cedure now  in  force,  regulating  the  amount  and  collection 
of  jury  and  witness  fees  and  for  enforcing  the  attendance 
of  witnesses  in  criminal  cases  tried  before  a  justice  of  the 
peace  shall,  so  far  as  applicable,  govern  and  be  applicable 
to  the  trial  of  cases  before  the  recorder's  court  created  and 
established  by  this  act. 

Sec.  88.  That  the  judge  of  said  recorder's  court  shall  ha\e 
the  power  to  punish  for  contempt  to  the  same  extent  and 
under  the  same  circumstances  as  the  county  judge  may  pun- 
ish for  contempt  of  the  county  court.  He.  shall  have  power 
to  take  recognizances,  admit  to  bail  and  forfeit  recognizances 
and  bail  bonds  under  such  rules  and  regulations  as  now  govern 
the  taking  and  forfeiture  of  the  same  in  the  county  court. 

Sec.  89.  That  all  process  issuing  out  of  said  recorder's 
court  shall  be  served  by  the  chief  of  police  or  any  policeman 
of  the  city,  under  the  same  rules  and  regulations  as  are 
now  provided  by  law  for  the  service  by  sheriffs  and  con- 
stables of  process  issuing  out  of  the  county  court,  so  far  as 
the  same  are  applicable.  Such  recorder's  court  shall  hold  no 
terms,  but  shall  be  deemed  at  all  times  open  for  the  trans- 
action of  business,  but  each  defendant  shall  be  entitled  to  at 
least  one  day's  notice  of  any  complaint  against  him.  if  such 
time  be  demanded. 

Sec.  90.  In  all  cases  begun  in  such  recorder's  court  and 
thence  appealed,  the  fines  imposed  on  appeal,  together  with 
the  costs  imposed  in  the  recorder's  court  and  in  the  court 
to  which  appeal  is  taken,  shall  be  collected  of  the  defend- 
ant and  his  bondsmen,  and  such  fine  and  the  cost  of  re- 
corder's court  shall,  when  collected,  be  paid  into  the  treasury 
of  the  city  of  Galveston  for  the  use  and  benefit  of  said  city. 
When  the  defendant  in  such  cases  is  committed  to  custody 
he  shall  be  committed  to  the  custody  of  the  chief  of  police 
of  said  city,  to  be  held  by  him  in  accordance  with  the  ordi- 
nance of  the  city  providing  for  the  custody  of  prisoners  con- 
victed before  such  recorder's  court,  and  said  city  shall  be 
liable  to  the  officers  of  the  court  to  which  the  appeal  is  taken 
for  the  costs  due  them  when  such  defendant  has  fully  dis- 
charged such  fine  and  costs. 

68 


CITY   OF   GALVESTON.  SeC.  91-94. 

j 

Sec.  91.  Appeals  from  judgments  rendered  by  such  re- 
corder's court  shall f be  from  such  recorder's  court  to  the 
criminal  district  court  of  Galveston  county,  and  in  all  such 
appeals  to  such  criminal  district  court  the  trial  shall  be 
de  novo,  the  same  as  if  the  prosecution  had  been  originally 
commenced  in  that  court.  Said  appeals  shall  be  governed 
by  the  rules  of  practice  and  procedure  for  appeals  from  jus- 
tice's courts  to  the  county  court,  as  far  as  the  same  may  be 
applicable. 

Sec.  93.  That  until  the  due  and  legal  organization  of  said 
recorder's  court  in  said  city  as  herein  provided  for,  the  cor- 
poration court,  or  other  municipal  court  of  the  city,  as  now 
established,  shall  continue  to  exercise  its  powers  and  juris- 
dictions ;  that,  upon  the  due  and  legal  organization  of  said 
recorder's  court  for  said  city,  the  said  corporation  court,  or 
other  municipal  court,  and  the  offices  of  the  judge  and  clerk 
thereof,  shall  be,  and  the  same  are  hereby,  abolished,  and 
the  said  corporation  court,  or  other  municipal  court,  shall 
be  entirely  superseded  in  said  city  by  the  recorder's  court, 
and  such  offices  as  are  herein  created  and  established. 

Sec.  93.  That  an  act  entitled:  "An  Act  to  incorporate 
the  city  of  Galveston  and  grant  it  a  new  charter,"  passed  on 
the  2nd  day  of  August,  187G,  and  all  other  acts  relative  to  the 
incorporation  of  the  city  of  Galveston,  as  well  as  all  amend- 
ments to  the  charter  of  said  city,  be  and  the  same  are  hereby 
repealed.  Excepting,  however,  all  legal  ordinances,  resolu- 
tions or  acts  heretofore  passed  b}^  the  city  council  of  Gal- 
veston and  any  provisions  of  said  charter  of  1876,  and  amend- 
ments and  acts  relating  thereto  providing  for  the  issuance 
and  payment  of  either  principal  or  interest  of  outstanding  legal 
unpaid  bonds  of  the  city  of  Galveston.  Provided,  that  the 
rate  of  taxation  hereafter  fixed  in  any  ordinance  providing 
for  the  issuance  of  refunding  bonds,  shall  not  exceed  the  rate 
levied  in  the  ordinance  under  which  the  bonds  to  be  refunded 
were  issued ;  provided  further,  that  nothing  in  this  act  shall 
be  taken  or  construed  to  impare  the  obligations  of  outstand- 
ing legal  contracts  of  the  city  of  Galveston. 

Sec.  94.  This  act  shall  be  taken  and  held  to  be  a  public 
law  and  all  courts  and  tribunals  shall  take  judicial  cognizance 
6-  69 


Sec.  95.  charter  of  the 

and  knowledge  of  the  contents  and  provisions  hereof,  and 
it  shall  not  be  necessary  to  plead  or  prove  such  contents  or 
provisions. 

Sec.  95.  Whereas  the  inhabitants  of  the  territory  within 
the  limits  of  the  "City  of  Galveston"  have  suffered  a  great 
public  calamity  through  the  storm  of  September  8,  1900,  and 
there  exists  a  necessity  for  immediate  action  by  the  Legis- 
lature for  their  relief;  therefore  an  emergency  and  impera- 
tive public  necessity  exists  requiring  that  the  constitutional 
rule  requiring  bills  to  be  read  on  three  several  days,  be  sus- 
pended, and  said  rule  is  so  suspended  and  this  act  shall  take 
eft'ect  and  be  in  force  from  and  after  its  passage,  and  it  is 
so  enacted;  provided,  that  the  commissioners  appointed  and 
elected,  respectively  under  this  act,  shall  not  qualify  before 
the  first  Monday  in  June,  1901. 

[Note. — The  enrolled  bill  shows  that  the  foregoing  act 
passed  the  House  of  Representatives,  no  vote  given;  and 
passed  the  Senate  by  two-thirds  vote,  ayes  28,  nays  0.1 

Approved  April  J8,.  1901. 

Takes  eft'ect  90  days  after  adjournment. 


70 


INDEX  TO  CHARTER. 


Acting  President —  Section. 

Appointment  of 15 

Powers  and  duties 15 

Salary  of 15 

Assessor  and  Collector — 

Election  .    .           19a 

Assessment,  duties 19e 

Duties,  general 19e 

Bond,  Salary 19e 

Duties  in  certain  cases J  .    .  .  58 

Unrendered  roll /7\ /.    .    .  19e 

Payments  daily.    .    .    .    .  I  ij .i  •  .-i^A^-    •  19e 

Board  of  equalization,  dut/es  .    .    .    ■  LJ- /j  t-  yl  ^^^^^  •/I-    •    •    ■  l^e 

School  tax,  collection  of  /  .       j^-    •LJ-^ftA^    •    •    •    Wi,^'^^  •  ^^® 

Oaths,  shall  require  and  selSmister/  .' •^^v'^  •    •    •  19e 

Payment  of  funds,  duties  /C/K- ii-*,,,»*<\ 19b 

Keports,  shall  make  n^tfuily  .  .    .    .^^^'^. 19e 

Poll  tax,  shall  collect  ....   .^'<^\ 54 

Seizure  and  sale  for  taxes 58 

Bankrupts  and  insolvents,  duties 58 

Notice  to  taxpayers,  not  necessary 50 

Attorney — 

Election  and  duties 19f 

Bond 19f 

Salary  and  commissions 19f 

Legal  advice 19f 

Ordinances,  shall  prepare 19f 

Contracts,  shall  prepare 19f 

Sessions,  shall  attend 26 

Accounts — 

Approval  of 13 

Attorney,  County — 

Duties  of  Recorder's  Court 83 

Fees  in  Recorder's  Court 83 


11  INDEX   TO  CHARTEE. 


Auditor — 


Sec. 
Election,  duties,  salary 19„ 

Bond  and  approval 19~ 

Warrants,  shall  countersign ]9_ 

Sessions,  shall  attend vy 

Banks  of  Deposit — 

Selected,  how 291 

Bonds,  duties,  interest. 29^ 

Bankeupts  and  Insolvents — 

Taxes,  collection  of -u 

Liens  for  Taxes ro 

Seizure  and  sale,  taxes -o 

Board  of  Commissioneks,  Duties- 
How  constituted r 

President  of 

Qualifications  of ]. 

Term  of  office ^ 

Removal  of 

Successors  of 

Directors  in  corporations 

Name  of 

Oath  of  office 

Salaries  of 

Acting  President  of 

Apportionment  of  Revenue 

Board  of  Engineers,  appointment 

Bonds,  issue  ot 

Bonds,  filling  and  grading 

Budget,  estimates,  penalties 

Contracts,  how  made 

Contempts,  punishment  of 

Discussion,  privilege  of 

Employees,  discharge  of 

Employees,  appointment  of 

Financial  statement,  publication  .    , 

Funds,  sinking,  penalties 

Levy  of  special  tax ''J 

Meetings  of ^" 

Officers,  appointment  ot '  ^ 

Officers,  removal  of ^ 

Officers,  suspension  and  discharge   . '    '  ^'^ 

Ordinances  and  laws,  powers  ..''..  '    '  '  ^ 

Quorum '7 

Resignation  of ^  '• 

Vacancies,  how  filled    ....  '    •  ^'^ 

Engineer,  employment  of  ^" 

«8 


9 
6 
U 

-(8) 

7 

1.'. 

4A 

OH 
(J7 

*;<• 
44 
74 
II 
2<i 
11' 
]-2 

la 


INDEX  TO   CHARTER.  HI 

Board  of  Commissioners,  Powers—  Sec. 

Abusive  lano^uage 34-(5) 

Animals,  abuse  of o4-(5) 

Animals  running  at  large 34-(30) 

Animals,  driving  in  streets °^ 

Bathing  and  swimming ^^ 

Beggars,  regulating 34-(b) 

Births,  records  to  be  kept 34-(81) 

Buildings,  public 34-(22) 

Buildings,  regulating <>4-(9) 

Buildingsin  fire  limits o4-(ll) 

Buildings,  dangerous '^^-(9) 

Burial  of  the  dead 34-(31) 

Bridges,  culverts 34-(o4) 

Butchers,  regulating o4-(o) 

Carcasses,  dead,  regulating ^^ 

Chimneys,  flues,  regulating 34-(r2) 

Cleaning  yards,  sidewalks  regulating • 34-(ll) 

Compromise  of  taxes,  judgments 63 


Dead  carcasses,  concerning 


36 


Deaths,  record 34-(31) 

Donations,  acceptance  of. 34-(25) 

Digging  in  streets 31-(18) 

Disorderly  houses 34-(10) 

Disorderly'  assembly 34-(db) 

Dogs,  regulating 34-(30) 

Donations,  state,  how  expended "^^ 

Exemption  from  taxes ^*^ 

Exemption  from  execution,  atfachnunt      50 

Exemption  from  garnishment ^0 

[■Employees,  appointment,  discharge      1-^ 

Fastening  horses ....  34-(5) 

Fire  limits,  may  establish 34-(9)-(ll) 

Fireworks,  regulate  may 34-(14) 

Fish  and  fresh  meats,  inspection S4-(21) 

Firecrackers 34-(37) 

Filthy  foods,  regulating °^ 

Fighting,  abusive  language ^° 

Gaming  houses,  punishing  •    •    • 34-(lO) 

Gun  powder,  regulate  storing 34-(14) 

Grounds,  public,  may  improve,  regulate 34-(27) 

Gas  pipes,  regulate 34-(2) 

Harbor,  preservation 34-(2/) 

Harbor  master,  duties 34-(]5) 

House  of  ill  fame 34-(10) 

Hide  houses,  regulation 34-(16) 

Inspection,  fish,  meats. o4-(3o) 


iy  INDEX  TO  CHAETEE. 

Board  of  Commissioners,  BvTiES—ConUmied.  Sec. 

Inspector  of  buildings,  duties 

Junk  shops,  dealers,  regulating 62 

Lighting  streets 34-(2) 

Lien  of  tenant  for  se%ver  improvements  .    .    ■            34-(10) 

Locomotive  engines,  may  regulate  or  prohibit 34-(16) 

Licenses,  assignment  of •  34-(_9) 

Library,  public,  free ^^ 

Markets  and  market  houses,  regulate 34-(35) 

Marriages,  registration 34-(31) 

Meats,  fish,  inspection 34-(4) 

Misdemeanors,  State,  shall  prosec-nte 34-(7) 

Mendicants,  beggars,  j^uppress 34-(6) 

Misdemeanors,  all  kinds 38 

Newspapers,  printing 42 

Noises,  suppressing 34-(37) 

Nuisances,  sanitation 34-(14) 

Opening  streets  and  closing. 34-(24) 

Occupation  taxes,  may  levy ^'^ 

Pawn  brokers,  license  and  regulate t'2 

Plumbers  and  plumbing ....  34-(13) 

Prisoners,  work  on  streets 34-(32) 

Paupers,  regulating,  introduction 34-(10) 

Pounds,  establish  and  regulate          34-(30) 

Prize  fighting,  regulate 39 

Prostitutes,  may  suppress 34-(6) 

Public  grounds,  parks 34-(27) 

Quarantine,  may  establish  and  regulate 34 

Railroad  tracks,  crossings,  duties 34-(16J 

Railroad  tracks,  removal  of 41 

Riots  and  disturbances,  suppression 34-(36) 

Streets,  alleys  and  highways 34-(l) 

Sanitation,  concerning 34-(8)-{ll) 

Sewerage  connections,  regulating  .    .                34-(8) 

Slaughter  houses,  regulating 34-(lo) 

Street  cars,  regulating 34-(17) 

Streets,  alleys  and  public  grounds 34-(2o) 

Special  funds,  regulating 34-(2t>) 

Special  funds,  misapplication 34-(26) 

Sidewalks,  regulating 34-(26) 

Shade  trees,  planting 34-(27) 

Tramps,  regulating 34-(6) 

Transient  vendors,  regulating 62 

Vessels,  regulating  speed 34-(15) 

Board  of  Equalization- 
How  selected 19e 

Duties  and  length  of  session 19e 


INDEX   TO    CHABTER.  V 

Bond  Registry —  Skc. 

Shall  be  kept 67 

Payments  recorded 67 

Cancellation  of  bonds 67 

Set  of  books  to  be  kept 67 

Rate  of  interest,  record  of 67 

Bonds,  Notes  and  Scrip — 

Regulating  issuance  of 50 

Bonds,  Debt — 

Power  to  issue 67 

For  redemption 67 

Taxes,  special 67 

Separate  funds 67 

Signed  how. 67 

Must  be  registered 67 

Sinking  fund 67 

Publication  of  this  act 67 

Bonds,  Filling  and  Grading — 

May  issue  amount 69 

Expended  how 69 

Territory  in  which 69 

Regulations 69 

Bonds,  Costs  and  Appeal — 

Not  required 28 

Bonds,  Official — 

Board  shall  require 21 

New  bonds 21 

Payable  to  whom 27 

Form  and  sureties 27 

BoRKowiNG  Money — 

Rules  concerning 44 

Limit  of  Amount 44 

Pledge  of  taxes  as  security 44 

Breakwaters — 

Use  of  streets  and  grounds 48 

Condemnation  of  land  lor 48 

Budget — 

Estimates  to  be  made 44 

Reserve  fund 44 

Penalties  for  voting 44 

Increase  prohibited .  44 


Vi  INDEX  TO  CHARTER. 

Buildings—  ^^^• 

Regulating  ooustruction 34-(9) 

Removal  of 34-(ll) 

Chief  of  Police — 

Appointment  of 1^* 


Duties  and  powers . 


20 


Salary  and  bond ^^ 

Search  warrants,  may  execute 20 

Process,  shall  execute 20 

Bail,  may  take 20 

Barrooms,  Theatres,  may  close 20 

Suspension  of  members 20 

Report  of  suspensions 20 

Charges,  trial  of 20 

Trial  of  Chief 20 

Discussion,  privilege  of 26 

Session,  shall  attend 26 

Chief  of  Fire  Department — 

Appointment  of 19a 

Duties  and  Powers 20 

Salary  and  bond 20 

Charges,  trial  of 20 

City  Limits — 

Territory  embraced  in 2 

City  of  Galveston — 

Enacting  clause 1 

Powers,  duties,  obligations 1 

City  Pkoperty — 

Schedule  of 4 

Commissioner— 

Appointment  and  election 5 

Qualification  and  terms  of  office 5 

Successors  of 6 

Name  of 7 

Oaths  and  salaries 7 

Bonds  and  additional  oath 8 

Removal  of 9 

Vacancies,  how  created 10 

Vacancies,  how  filled 10 

Department,  designated  how .  12 

Powers  and  jurisdiction 12 

Audit  and  accounts 13 

Assessment  and  collection 13 


INDEX    TO   CHARTER.  vil 

Commissioner  of  Finance  and  Revenue —  Sec. 

Designated  liow 12 

Duties,  powers,  jurisdlctiou I'i 

Audit  of  accounts 13 

Assessment  and  collection 13 

Commissioner  of  Streets  and  Public  Improvements — 

Designated  how 12 

Duties,  powers,  jurisdiction 12 

Supervision  of  i)ublic  improvements 12 

Audit  accounts 13 

Commissioners,  President  of 

Appointment  of 5 

Salary 7 

Oath  of  office ''-{^) 

Time  devoted  to  duty 7 

Bond 8 

Voting,  right  of .  11 

Executive  officer 13 

Suppression  of  riots 14 

Protection  of  life 14 

Special  police,  shall  summon 14 

Absence  or  disability 15 

Financial  report 73 

Comptroller,  State — 

Duties  as  to  financial  condition      73 

Oaths,  shall  administer 73 

Witnesses,  shall  summon 73 

Report  of,  public 73 

Contempts — 

Power  to  punish 11 


Recorder,  power  to  punish 


Charter — 

Enacting  clause 1 

Public  law 94 

Repealing  clause 93 

Contracts — 

Rules  for  making  and  advertising  f)r  bid-s 74 

By  majority  of  whole  Board 74 

Commissioner  not  to  be  interested 74 

Writing  shall  be  in 74 

Executed,  by  whom 74 

Recorded  in  book 74 

Limitations 50 


y\{\  index  to  charter. 

Sbc 

COBPOKATIONS —  * 

Directors  in 

County  Commissioners— 

Election,  shall  order 

Damages— 

Suits  for,  limitation  on '*'' 

Debt — 

Mav  borrow,  limited 

Bonds,  limitation "^^ 

Funds,  limitation *^" 

Contract  for  payment  of ^" 

Discussion — 

Privilege  of •  ^6 

DisTEicT  Attorney — 

Duties  of ^1 

Donations,  State — 

How  expended '" 

Employees — 

Appointment  and  discharge  of 12 

Members  may  be  reduced 29 

Jury  service,  exempt  from          75 

Exemptions,  other 75 

Engineer,  City— 

Election 19a 

Qualifications 19i 

Duties 19i 

Laborers,  shall  employ 19i 

Laborers  shall  discharge 19i 

Salary  and  fees 19i 

Shall  attend  sessions 26 

Survey  of  private  property. 19i 

Monuments,  shall  establish 191 

Street  work,  shall  supervise •  19i 

Contracts,  shall  supervise 19i 

Railway  construction,  shall  supervise 191 

Exemptions— 

Attachment,  execution  and  garnishment 50 

Taxes 53 

Jury  service 75 


INDEX  TO  CHAKTER.  IX 

Fees—  Sec. 

Limitation  of 24 

Financial  Statement — 

Publication  of 15 

Filling  and  Grading — 

Bonds  for 69 

Rate  of  interest 69 

Territory  to  be  filled 69 

Donations,  State 70 

Wharf  dividends 71 

Board  of  Engineers 68 

Fiee  Limits — 

May  establish 34-(9) 

Fiscal  Year — 

Shall  begin,  when 44 

Fire  Department — 

Organization  of ...    .        20 

Powers  and  duties 20 

Chief  of,  duties  and  salary 20 

Franchises — 

Limitation  of 45 

Advertisement  of 45 

Heretofore  granted 45 

Reservation  of  rights 45 

Forfeitures •       45 

Funds — 

Surplus,  how  used 76 

Misapplication  of  special 34-(26) 

Penalties  therefor 34-(26) 

Trust  funds,  taxes            72 

Misapplication  of 31 

Galveston  Wharf  Company — 

May  pledge  dividends  of 71 

Directors  in 6 

Harbor  Master — 

Election  of 19a 

Duties  of 191 

Salary  and  bond 191 

Ships,  shall  station ■        .    .  191 


X  INDEX  TO  CHARTER. 

Harboe  Master — Continued.  Skc. 

Rules,  shull  enforce ^"1 

Nuisauces,  shall  prevent      l"! 

Vessels,  loading  and  unloading 191 

Health  Physician — 

Election  of l^a 

Qualification,  duties 191i 

Salary 191» 

Bond  and  approval 191» 

Quarantine  regulations 191i 

Abate  nuisances 19h 

Duties  other,  shall  perform 19h 

Hospital,  John  Sealy  and  Board — 

Board  selected,  how 38 

Duties  and  powers 33 

Officers  and  employees ...        33 

Rules  and  regulations,  shall  make 33 

Salaries  and  compensation 33 

Limit  of  expenses 33 

Visiting  register 33 

Patients  register 33 

Oaths  of  office 33 

Inhabitants — 

Judge,  jury,  witness,  competency  of 75 

Inspector  of  Buildings — 

Election 19a 

Qualifications 19k 

Duties 19k 

Judgments — 

Old,  to  remain  in  force 75 

Legislative  Sessions — 

Open  to  the  public 13 

Meetings  of 16 

Special  meetings 16 

Quorum  ot 16 

What  officers  shall  attend 26 

Privilege  of  discussion 26 

Market  and  Market  Houses— 

Establishment  and  regulations 35 

Inspection 35 


INDEX   TO   CHARTER.  XI 

Municipal  Government  of  Galveston —  Sec. 

What  constitutes ^ 

Successors  to •  ^ 

Officers — 

Election  of 18a 

Term  of  office 19a 

Duration  of  oflQce 25 

Misapplication  of  funds 31 

Eemoval  of 32 

Trial  on  charges 32 

Ordinances — 

Enforce 2;3-(77) 

When  printed  and  published 77 

Certified  copies,  evidence 77 

Board,  shall  make 1~(17) 

Penal,  shall  be  published 17 

Proof  of  publication 17 

When  to  take  effect 17 

Style  of 18 

Personal  Estate — 

Definition  of 54 

Poll  Taxes — 

May  levy 54 

Police  Department — 

Organization  of 20 

Officers  of 20 

Salaries  and  compensation 20 

Charges,  how  tried 20 

Police  and  Fire  Commissioner — 

Designated,  how 12 

Powers  and  jurisdiction 12 

Accounts,  shall  audit 13 

Members  of  fire  department,  appointment      20 

Appointments  recommended 20 

Jurisdiction  to  try  charges 20 

Oaths,  may  administer 20 

Witnesses,  attendance 20 

Chief  may  appoint,  Avhen 20 

Pounds — 

May  establish 30 


Xii  INDEX  TO  CHARTER. 

President—  *'"'j'- 

See  Commissioners,  President  of 


Printing— 

42 

Contract  for 

Newspapers,  contract  with 

Ordinances,  publication  of 


Property,  City- 
Schedule  of . 


Public  Act — 
Public  law 


94 


Quarantine — 

Laws,  may  make ^* 

Quorum — 

What  constitutes ^" 

Railroads,  City — 

Regulation  of "" 

Taxation  of. 66 

Speed,  may  regulate "^ 

Paving,  expense  of "" 

Lien  for  paving 66 

Real  Estate — 

Definition  of ^^ 

Recorder's  Court — 

Created  and  established 78-(83) 

Jurisdiction 79 

Name  of  court   ....                79 

Recorder,  how  elected 19a-(80) 

Salary  and  duties 80 

Procedure  and  practice 81 

Seal  of  court 82 

Costs  and  fines 85-(86) 

Rules  and  Regulations 84 

Jury  and  witness  fees 87 

Enforcing  attendance 88 

Recognizances 88 

Contempts,  may  punish 88 

Forfeiture  of  bail 88 

Service  of  process 89 

Appeals 90-(91) 

Repealing  act 93 


INDEX   TO   CHAETEE.  xiii 

Reserve  Fund —  Sec. 

Emergency 44 

Penalties 44 

Revenues  and  Expenditures — 

Statement  of,  to  be  published 13 

Salaries— 

Limitation  of 24 

Fixing  of 44 

Seal,  Corporate — 

May  make  and  change 1 

Secretary — 

Appointed,  how 11 

Salary. 11 

Attestation  of  process 11 

Duties 11 

Clerk  of  Recorder's  Court           80 

Duties  of  Recorder's  Court 80 

Sexton — 

Election,  duties,  salary IDn 

Registry  of  burial 1 9n 

Fees  and  compensation 19n 

Interment  of  all  bodies Pdn 

Sinking  Fund — 

Investment  of 57 

School  Taxes — 

Shall  levy 65 

Shall  pay  over 65 

Payments,  weekly 65 

Collection  of 64 

Sewers  and  Sewerage — 

See  waterworks  and  sewers 19m 

Streets  and  Alleys — 

Burdens  and  uses 48 

Breakwater 48 

Condemnation  of  land 48 

Opening  of  streets  .       49 

Removal  of  buildings 49 


Xiv  INDEX   TO   CHARTER. 

Taxes  and  Taxation— 

Ad  valorem 

Assessor  aud  Collector,  duties o2-(o4) 

Assignments  by  debtor,  taxes _        ^^ 

Bankrupts,  taxes 58-(62) 

Corporation  shares ''^ 

Compromise  and  reduction ^^ 

Damage  stocks "'' 

Delinquent  taxes                          ^4 


Delinquent  taxpayers 


60 


Exemption  from ^^ 

Intervention  for  taxes          ^1 

Junk  dealers ^2 

Limitation  for  general  purposes 54 

Occupation,  limit  of ^'^ 

Liens  for  taxes 5" 

Limitation,  not  to  be  pleaded 60 

Merchandise  lien 58 

Mode  of  assessment 54 

No  demand  necessary 5;» 

Occupation  and  license 52 

Occupation  and  license 54 

Pawnbrokers 62 

Personal  property,  defined 54 

Poll  tax 54 

Power  to  levy  ad  valorem  tax  for  bonds,  limited 67 

Keal  estate,  defined 54 

Railroads,  city ....  60 

Seizure  and  sale 58 

Suits  for  taxes 54-(60) 

School  taxes 64 

Sufficiency  of  tax  roll 57 

Transient  vendors 62 

To  pay  bonds,  interest  and  sinking  fund 67 

Trust  funds 72 

Vehicles 51 

When  due 59 

Treasurer — 

Election  of 1 9a 

Bond,  amount  of 19b 

Approval  of  bond 19b 

Duties 19b 

Accounts,  shall  make  monthly 19b 

Receipts,  duplicates 19b 

New  bonds 19c 

Deposits,  daily 19d 

Banks  of  deposit 19c 


INDEX   TO   CHARTER.  XV 

Treasurer — Continued.  Sec. 

Interest  collections,  report  of liJd 

Salary 19d 

Books,  funds,  etc 30 

Vacancies — 

HoAV  created 10 

How  filled 10-(21) 

Of  commissioners  .    .  *. 10-(25) 

Of  other  officers 25 

Causes  of 44 

Kecorder,  clerk 80 

Vehicles — 

License  tax  and  regulate 51 

Defrauding ....  51 

Revenues  I'rom 51 

Kunners  tor  public  houses,  etc 51 

Wards — 

City  divided  into 3 

May  be  changed 3 

Wharf  Company — 

City  Directors  in 6 

Dividends,  how  expended 71 

Weapons — 

Carrying  of  concealed 28 

Penalties 28 

Commissioner  of  Waterworks  and  Sewerage — 

Designated,  how        12 

Duties,  powers,  jurisdiction 12 

Audit  accounts 13 

Rules  and  regulations. 46 

Rates  and  tolls 46 

Sewerage  connections 46 

Sewerage  and  waterworks 19m 

Sewerage  connections ;]4-(8)-(]0) 

Superintendent  of  Waterworks — 

Election  of 19a 

Salary 19m 

Duties 19m 

Inspection 19m 

Labor,  shall  employ  all 19m 

Discharge  of  laborers 1 9m 

Repairs 19m 


REVISED  ORDINANCES. 


71 


AN  ORDINANCE 

To  Adopt  and   Establish  the  Revised 
Ordinances  of  the  City  of  Galveston: 

Section  1.  Be  it  ordained  by  the 
Board  of  Commissioners  of  the  City  of 
Galveston,  That  the  following  Titles, 
Chapters,  Articles,  Sections  and  Sub- 
divisions shall  hereafter  constitute 


72 


THE 

REVISED  ORDINANCES 


OF    THE 


CITY  OF  GALVESTON 


TITLE  I. 


CHAPTER    ONE. 

CHARTER    OFFICERS,  BONDS,  SALARIES,   DUTIES,  OATHS. 

Article  1.  There  shall  be  appointed,  by  the  board  of  com- 
missioners, at  the  time  and  in  the  manner  prescribed  in  Sec- 
tion 19  of  the  city  charter,  the  following  officers,  towit :  A 
treasurer ;  an  attorney ;  a  recorder ;  an  assessor  and  collector 
of  taxes;  a  chief  of  police;  a  chief  of  the  fire  department; 
an  engineer,  who  shall  be  superintendent  of  streets ;  an 
auditor ;  a  health  physician ;  a  harbor  master ;  a  sexton ;  a 
superintendent  of  the  waterworks ;  an  engineeer  of  the  water- 
works ;  and  such  other  officers  and  agents  as  said  board  of 
commissioners  shall  direct.  All  said  officers  so  elected  shall 
hold  their  offices  for  two  years,  and  until  the  election  and 
qualification  of  their  successors,  unless  removed  by  the  said 
board  of  commissioners,  under  the  authority  vested  in  it  by 
this  act. 

TREASURER. 

Art.  2.  The  treasurer  shall  give  bond  in  the  sum  of  one 
hundred  thousand  dollars ;  his  salary  shall  be  twelve  hundred 

73 


Art.  3-5.  revised  ordinances  of  the 

dollars  per  annum,  payable  in  equal  monthly  installments,  and 
his  duties  shall  be  such  as  are  prescribed  in  the  city  charter, 
and  such  as  may  be  prescribed  by  the  board  of  commissioners. 

ATTORNEY, 

Art.  3.  The  attorney  shall  give  bond  in  the  sum  of  five 
thousand  dollars;  he  shall  receive  an  annual  salary  of  twelve 
hundred  dollars,  and  five  per  cent  commissions  on  all  col- 
lections made  by  him,  but  he  shall  receive  commissions  for 
the  collection  of  taxes  only  in  such  suits  as  may  be  designated 
to  be  brought  by  the  commissioner  of  finance  and  revenue, 
and  only  on  the  amount  of  such  taxes  collected  after  the  in- 
stitution of  such  suits. 

AUDITOR. 

Art.  4.  The  auditor  shall  give  bond  in  the  sum  of  ten 
thousand  dollars ;  his  salary  shall  be  fifteen  hundred  dollars 
per  annum,  and  his  duties  shall  be  such  as  are  prescribed 
by  the  city  charter,  and  such  as  may  be  prescribed  by  the 
board  of  commissioners. 

ASSESSOR    AND    COLLECTOR. 

Art.  5.  The  assessor  and  collector  shall  give  bond  in  the 
sum  of  twenty-five  thousand  dollars;  his  salary  shall  be  eigh- 
teen hundred  dollars  per  annum  ;  his  duties  shall  be  such  as 
are  prescribed  by  the  city  charter,  and  such  as  may  be  pre- 
scribed by  the  board  of  commissioners.  Until  hereafter  other- 
wise ordained  by  the  board  of  commissioners  the  manner, 
mode  and  forms  prescribed  by  the  laws  of  the  State  for  the 
rendition  of  property  for  taxation ;  and  for  making  out  tax 
lists  and  inventories  and  the  appraisement  of  property  therein 
and  prescribing  how  and  when  property  shall  be  rendered  for 
taxation  and  prescribing  the  number  and  forms  of  assess- 
ment rolls  and  fixing  and  defining  the  duties  and  powers  of 
assessor  and  collector  of  taxes,  and  for  the  collection  of  taxes 
levied  by  the  board  of  commissioners  of  the  city  of  Galveston, 
shall  conform  as  near  as  may  be  to  that  provided  by  law  for 
the  rendition  and  assessing  of  property  for  State  and  county 
purposes  and  for  the  collection  of  State  and  county  taxes, 
and  the  assessor  and  collector  of  taxes  shall  be  governed  in 

74 


CITY   OF   GALVESTON.  ART.  6-10. 

his  procedure  and  acts  in  relation  to  assessing  and  collect- 
ing of  said  taxes,  as  is  provided  by  the  laws  of  the  State  of 
Texas  relating  to  the  assessment  and  collection  of  State  and 
county  taxes,  except  in  so  far  as  is  by  the  charter  of  the 
city  of  Galveston  otherwise  expressly  provided  and  required. 
It  shall  also  be  the  duty  of  the  assessor  and  collector  to 
collect  all  moneys  owing  to  the  city  and  for  the  collection  of 
which  no  other  provision  is  made. 

RECORDER. 

Art.  G.  The  recorder  shall  give  bond  in  the  sum  of  one 
thousand  dollars ;  his  salary  shall  be  six  hundred  dollars ;  and 
his  jurisdiction,  powers  and  duties  shall  be  such  as  are  pre- 
scribed by  the  city  charter. 

CHIEF    OF    POLICE. 

Art.  7.  The  chief  of  police  shall  give  bond  in  the  sum  of 
five  thousand  dollars;  his  salary  shall  be  fifteen  hundred  dol- 
lars per  annum,  and  his  duties  are  such  as  are  prescribed  by 
the  city  charter,  and  such  as  may  be  prescribed  by  the  board 
of  commissioners  and  the  ordinances  of  the  city. 

CHIEF    OF    FIRE    DEPARTMENT. 

Art.  8.  The  chief  of  the  fire  department  shall  give  bond 
in  the  sum  of  five  thousand  dollars ;  his  salary  shall  be  fifteen 
hundred  dollars  per  annum,  and  his  duties  shall  be  such  as 
are  prescribed  by  the  city  charter,  and  such  as  ma}^  be  pre- 
scribed by  the  board  of  commissioners. 

ENGINEER. 

Art.  9.  The  engineer  shall  give  bond  in  the  sum  of  ten 
thousand  dollars ;  his  salary  shall  be  twelve  hundred  dollars 
per  annum,  and  such  fees  as  may  be  prescribed  by  the  board 
of  commissioners  for  making  surveys  and  fixing  boundaries 
of  private  property,  which  fees  shall  be  paid  by  the  owners 
of  such  private  property. 

health  physician. 

Art.  10.  The  health  physician  shall  give  bond  in  the  sum 
of   five   thousand   dollars :   his   salarv   shall   be   one   thousand 


Art.  11-15.  revised  ordinances  of  the 

dollars  per  annum,  payable  in  equal  monthly  installments: 
his  duties  shall  be  such  as  are  prescribed  by  the  city  charter, 
and  such  as  may  be  prescribed  by  the  board  of  commis- 
sioners. 

HARBOR    MASTER. 

Art.  11.  The  harbor  master  shall  give  bond  in  the  sum 
of  five  thousand  dollars ;  his  salary  shall  be  one  thousand  dol- 
dars  per  annum ;  his  duties  shall  be  such  as  are  prescribed 
by  the  board  of  commissioners  and  by  the  provisions  of  the 
city  charter. 

SEXTON. 

Art.  12.  The  sexton  shall  give  bond  in  the  sum  of  twenty- 
five  hundred  dollars ;  his  salary  shall  be  one  thousand  dollars 
per  annum,  and  such  fees  as  may  be  allowed  by  orditiance  ; 
his  duties  shall  be  such  as  are  prescribed  by  the  city  charter, 
and  such  other  duties  as  may  be  recpiired  of  him  by  the  board 
of  commissioners. 

SUPERINTENDENT    OF    WATERWORKS. 

Art.  13.  The  superintendent  of  waterworks  shall  gi\o 
bond  in  the  sum  of  five  thousand  dollars;  his  salary  shall  1)6 
twelve  hundred  dollars  per  annum ;  his  duties  and  powers, 
are  such  as  are  prescribed  by  the  city  charter,  and  such  as 
may  be  prescribed  by  the  board  of  commissioners. 

ENGINEER    OF    WATERWORKS. 

Art.  14.  The  engineer  of  waterworks  shall  give  bond  in 
the  sum  of  three  thousand  dollars;  his  salary  shall  be  twelve 
hundred  dollars,  payable  in  equal  monthly  installments,  and 
his  duties  shall  l)e  such  as  may  be  prescribed  by  the  boar.l  of 
commissioners  by  ordinance  or  resolution. 

SECRETARY. 

Art.  15.     The    secretary    shall    give    bond    in    the    sum    c: 
twenty-five  hundred  dollars;  his  salary  shall  be  twelve  hnn 
dred  dollars  per  annum;  his  duties  shall  be  such  as  are  pre- 
scribed in  the  cit}   charter,  and  such  as  may  be  prescribed  by 
the  board  of  commissioners. 


CITY   OF   GALVESTON.  ART.  16-18. 

OFFICERS    CREATED. BONDS. 

Art.  16.  For  the  more  efficient  administration  of  the 
affairs  of  the  city  the  following  officers  are  hereby  created, 
towit ;  each  of  whom  shall  give  bond  in  the  sum  set  opposite 
their  names : 

Chief  inspector  of  health  department ;  bond,  $1000. 

Janitor  of  city  hall  and  offices ;  bond,  $500. 

Assistant  assessor  and  collector  of  taxes ;  bond,  $5000. 

Secretary  of  waterworks  and  sewers ;  bond,  $10,000. 

Assistant  secretary  of  waterworks  and  sewers ;  bond,  $2000. 

Three  port  wardens,  each  to  give  a  bond  of  $1000. 

Two  assistant  secretaries  of  board  of  commissioners,  each 
to  give  a  bond  of  $1500. 

Night  engineer  of  waterworks;  bond,  $2000. 

Libraiian,  one;  bond,  $1000. 

Superintendent  of  drays;  bond,  $500. 

Police  officer  in  assessor  and  collector's  office ;  bond,  $1500. 

Every  other  policeman   and   every   fireman ;   bond,   $500. 

APPROVAL    OF    BONDS. 

Art.  17.  That  except  where  otherwise  provided 'by  law,  all 
bonds  given  b}-  the  various  officers  and  employes  of  the  city 
shall  be  conditioned  for  the  faithful  performance  of  the  duties 
of  their  respective  offices  and  employments,  and  shall  be  ap- 
proved by  the  president  of  the  board  of  commissioners  and 
the.  commissioner  of  finance  and  revenue,  and  if  such  officer 
or  employe  be  in  any  department  in  charge  of  a  particular 
commissioner,  then  his  bond  shall  also  be  approved  by  such 
commissioner. 

COMMISSIONS. 

Art.  18.  That  commissions  in  suitable  form,  signed  by 
the  president  of  the  board  and  attested  by  the  secretary  under 
the  corporate  seal  of  the  city  shall  as  soon  as  practicable  after 
their  appointment  be  issued  to  all  officers  of  the  city  except 
members  of  the  board  of  commissioners,  but  all  official  acts 
of  such  officers  done  or  performed  after  taking  oath  and  giv- 
ing bond  as  prescribed  for  their  qualification,  shall  be  valid 
and  lawful  as  well  before  as  after  the  issuance  of  such  com- 
missions. 


Art.  19-22.         revised  ordinances  of  the 

CHAPTER  II. 

MISCELLANEOUS   PROVISIONS. 

Art.  19.  That  each  and  every  officer  of  the  city  of  Gal- 
veston shall  discharge  the  duties  indicated  by  his  title  and 
such  other  duties  as  may  be  more  specifically  required  of  him 
by  the  board  of  commissioners  or  under  its  authority,  and 
until  otherwise  ordered  by  the  board,  all  ordinances  and 
regulations  heretofore  in  force  defining  and  regulating  the 
duties  of  officers  bearing  the  same  or  similar  titles  to  those 
created  by  the  present  charter  or  by  the  board  of  commis- 
sioners shall  remain  in  force  as  prescribing  the  duties  of  such 
officers  as  have  been  appointed  by  the  board  of  commission- 
ers, except  in  so  far  as  such  ordinances  or  regulations  may 
have  been  or  shall  be  modified,  changed  or  repealed  by  the 
charter  or  by  act  of  the  board  of  commissioners. 

Art,  20.  That  all  offices  heretofore  created  or  existing 
under  the  former  charter  and  ordinances  of  the  city  of  Gal- 
veston and  which  are  not  provided  for  in  the  present  charter 
or  which  have  not  been  created  by  the  board  of  commission- 
ers of  the  city  of  Galveston  be  and  the  same  are  hereby 
abolished  and  the  resolution  to  that  effect  adopted  by  the 
board  of  commissioners  on  Oct.  1st,  1901,  is  liereby  adopted, 
ratified  and  confirmed. 

Art.  21.  That  the  action  heretofore  taken  by  this  board 
creating  or  filling  any  of  the  offices  named  in  this  ordinance, 
as  also  in  prescribing  the  bonds  of  officers  and  how  they 
shall  be  approved  whether  such  action  be  by  resolution  or 
other  order  of  the  board  be  and  the  same  is  hereby  ratified, 
adopted  and  approved  as  of  the  date  when  such  action  was 
taken. 

Art.  22.  Whenever  in  the  course  of  the  administration  of 
the  affairs  of  the  city  by  this  board  it  is  necessary  or  proper 
that  any  act  or  duty  should  be  done  which,  under  the  former 
administration  was  by  law  or  ordinance  required  to  be  done 
by  the  mayor  of  the  city,  the  same  may  be  done  by  the  presi- 
dent of  the  board  of  commissioners,  unless  by  law  or  by 
order  of  the  board  of  commissioners  it  has  been  or  shall  be 


CITY    OF   GALVESTON.  AET.  23-29. 

otherwise  provided,  and  that  this  ordinance  take  effect  and 
be  in  force  from  and  after  its  passage. 

Art.  23.  Every  person  elected  or  appointed  to  any  office 
under  the  city  charter  or  city  ordinances  shall,  before  he  enters 
on  the  duties  of  his  office,  take  and  subscribe  the  official  oath 
prescribed  in  the  Constitution  of  the  State,  together  with 
such  additional  oath  as  may  be  or  has  been  prescribed  by 
the  city  charter  or  the  board. 

Art.  2-4:.  If  any  person  shall  fail  to  qualify  within  five 
days  after  they  shall  have  been  notified  of  their  election  or 
appointment  by  the  secretary,  their  offices  shall  become 
vacant,  except  in  cases  of  sickness,  unavoidable  accident  or 
special  action  of  the  board. 

Art.  25.  That  each  officer  of  the  city  shall  prepare  a  full 
and  exact  inventory  and  list  of  all  the  effects,  furniture,  rec- 
ords, books,  archives,  papers  and  other  property  belonging 
to  his  office  or  department  and  owned  by  the  city,  and  at  the 
close  of  his  term  of  office  he  shall  deliver  same  into  the 
possession  of  his  successor,  taking  his  receipt  therefor  in 
duplicate,  one  of  which  he  shall  deliver  to  the  secretary,  which 
shall  be  filed  and  kept  in  his  office. 

Art.  26.  That  the  president  is  authorized  to  grant  a  leave 
of  absence  to  any  officer  of  the  city  for  a  term  not  exceeding 
five  days;  but  no  officer  shall  absent  himself  from  duty,  at 
any  time,  for  a  term  exceeding  five  days,  without  the  con- 
sent of  the  board. 

Art.  27.  That  this  ordinance  shall  apply  to  the  following 
officers,  towit :  The  auditor,  assessor,  secretary,  collector, 
chief  of  police,  chief  engineer  of  the  fire  department,  assist- 
ant engineer  of  the  fire  department,  engineer,  harbor  master, 
health  physician,  and.  sexton,  and  such  other  officers  as  may 
be  created  by  the  board. 

Art.  28.  Officers  may  grant  a  leave  of  absence  to  any 
subordinate  or  employe  in  their  respective  departments  for 
a  term  not  exceeding  five  days ;  but  no  subordinate  or  em- 
ploye shall  absent  himself  from  duty,  at  any  time,  for  a  term 
exceeding  five  days,  without  the  consent  of  the  board. 

Art.  29.  No  leave  of  absence  shall  be  granted  to  any  such 
officer,  subordinate  or  employe,  unless  he  shall  have  provided 

79 


Art.  30-34.  revised  ordinances  of  the 

a  substitute  to   fill   his  place  and  perform   the   duties  of  his 
ofifice  during  his  absence. 

Art.  30.  Any  such  officer,  subordinate  or  employe  who 
shall  absent  himself  from  duty  without  the  consent  of  the 
president  or  the  board,  as  provided  by  this  ordinance,  shall  be 
liable  to  removal  by  the  board. 

CHAPTER  THREE. 

commissioners'  duties. 

Art.  31.  It  shall  be  the  duty  of  each  commissioner  to 
formulate  all  rules  and  regulations,  necessary  or  expedient  in 
his  judgment  to  be  observed  by  the  officers  and  employes 
in  his  department,  and  such  rules,  when  approved  and  adopted 
by  the  board  of  commissioners,  shall  be  printed  for  informa- 
tion of  and  observance  b}-  all  persons  concerned. 


TITLE  II. 


CHAPTER  ONE. 

SEXTON,  RULES   AND    REGUL.'^TIONS. 

Art.  32.  There  shall  be  appointed  at  the  time  and  in  the 
manner  provided  in  Section  19  of  the  city  charter,  a  city  sex- 
ton, whose  duties  shall  be  as  herein  prescribed. 

Art.  33.  The  block  of  ground  bounded  by  Fortieth  street 
on  the  east,  Broadway  on  the  north,  Forty-third  street 
on  the  west  and  Avenue  L  on  the  south  sliall  constitute  the 
city  cemetery. 

Art.  3-i.  The  place  purchased  by  the  city  as  a  site  for  a 
cemetery,  being  seven  and  one-half  acres  off  the  north  end 
of  lot  twenty-two  (22)  section  one  of  Galveston  island,  is 
hereby  established  as  a  place  for  the  burial  of  the  dead,  for 
the  city  of  Galveston,  and  shall  be  designated  as  Lake  View 
city  cemeter}^ 

80 


CITY    OF   GALVESTON.  AKT.  35-3«. 

Art.  35.  Lake  A'iew  city  cemetery  shall  be  laid  off  into 
streets,  alleys  and  lots  by  the  city  engineer.  The  size  of  a 
full  lot  shall  be  twenty  feet  square,  which  full  lots  may  be 
sold  in  quarters.  The  price  of  a  full  lot  shall  be  twenty-five 
dollars,  and  of  a  quarter  lot  eight  dollars.  Lots  for  the  burial 
of  strangers,  or  others  not  buried  by  the  city  or  county,  may 
be  sold  for  two  dollars  per  grave. 

Art.  3G.  The  city  engineer  shall  survey  said  grounds,  and 
shall  make  a  map  thereof,  of  a  size  not  exceeding  twenty  feet 
to  the  inch,  on  durable  paper,  and  neatly  and  artistically 
drawn,  designating  in  some  appropriate  part  some  portion 
as  burying  ground  for  paupers,  bviried  b}'  the  county  or  city, 
and  another  for  strangers,  and  numbering  the  lots  from  the 
south  central  entrance  to  the  north,  consecutively,  as  ranges 
east  and  west  from  the  central  street,  one,  two,  three,  etc.; 
and  the  quarter  block  shall  be  designated  northeast,  north- 
west, southeast  and  southwest  quarter,  which  map,  when  com- 
pleted, shall  be  framed  and  suspended  in  the  office  of  the 
city  secretar}-,  and  a  copy  thereof  filed  in  the  office  of  the 
recorder  of  deeds. 

Art.  37.  The  said  map  being  executed  and  adopted,  the 
lots  shall  be  open  to  purchase,  and  the  person  selecting  a 
lot  or  quarter  lot,  or  one  or  more  lots  for  a  congregation,  shall 
point  the  same  out  to  the  city  secretar}',  who  shall  note  the 
same  on  the  map,  with  the  date  and  name,  and  give  the  ap- 
plicant a  certificate  of  selection.  The  applicant  shall  present 
said  certificate  to  the  city  collector,  who  shall  receive  the 
price  of  the  lot  or  lots,  and  endorse  his  receipt  on  said  cer- 
tificate, which  shall  be  returned  to  the  secretary  and  filed 
in  his  office. 

Art.  38.  The  president  shall  cause  to  be  printed  and  bound 
substantially,  blank  deeds  for  lots  in  the  cemetery,  describing 

the  lots  as  lot  No.  ,  in  range  No.  (east  or  west,  as 

the  case  may  be),  and  on  the  return  of  the  certificate  of 
selection,  with  the  receipt  of  the  collector  endorsed,  the  sec- 
retary shall  fill  up  one  of  the  blank  deeds  with  the  name  of 
the  purchaser,  number  of  range  and  lot,  or  cjuarter  lot,  and 
date,  and  the  president  and  purchaser  shall  sign  said  deed, 
and  their  signatures  shall  be  attested  by  the  secretary,  who 

81 


AET,  39-41.  REVISED   ORDINANCES   OF   THE 

thereupon  shall  deliver  to  the  purchaser  a  certificate  of  pur- 
chase, describing-  the  lot  as  in  the  deed,  and  the  certificate 
of  purchase  shall  bear  the  number  of  the  page  of  the  deed 
book.  The  said  book  shall  be  indexed  alphabetically,  v^ith 
the  names  of  all  purchasers  of  lots,  and  the  page  of  the  deed, 
and  shall  remain  as  record  of  the  city,  in  the  custody  of 
the  secretary ;  and  for  each  certificate  of  purchase  completed 
the  secretary  shall  receive  one  dollar,  to  be  paid  by  the 
purchaser. 

Art.  39.  All  lots  and  vacant  pieces  of  ground  owned  by 
the  city  in  the  city  cemetery  may  be  sold  at  such  prices  as 
may  be  recommended  by  the  committee  on  cemeteries,  and 
the  president  is  authorized  to  make  title  to  the  same  in  ac- 
cordance with  the  rules  herein  prescribed  for  the  sale  of 
lots  in  Lake  A'lew  city  cemetery. 

Art.  40.  The  proceeds  of  lots  sold  shall,  as  received  by 
the  treasurer,  be  credited  to  the  cemetery  fund,  and  shall 
be  subject  to  draft  only  for  cemetery  purposes,  and  to  re- 
imburse the  city  for  the  amount  paid  for  the  grounds. 

Art.  41.  The  city  sexton  shall  receive  for  his  services  the 
sum  of  one  thousand  dollars  per  annum,  to  be  paid  monthly, 
as  other  city  officers  are  now  paid,  and  it  shall  be  his  duty 
to  exercise  a  general  superintendence  of  all  cemeteries  in  the 
city  of  Galveston,  as  well  as  all  cemeteries  belonging  to  the 
city  of  Galveston.  He  shall  keep  a  book  of  registry  of  all 
burials,  as  provided  for  in  article  15,  Revised  Ordinances,  in 
which  shall  be  entered  the  "date  or  burial,"  "name  of  de- 
ceased," "nativity,"  "age,"  "cause  of  death,"  "place  of  burial," 
"number  of  lot,"  and  "number  of  grave  in  lot,"  (provided  that 
when  the  burial  is  made  in  a  private  lot  the  number  of  grave 
shall  be  omitted),  of  all  persons  buried  in  any  of  the  ceme- 
teries within  the  corporate  limits  of  the  city  of  Galveston, 
as  well  as  all  burials  in  any  cemetery  without  the  corporate 
limits,  for  which  service  there  shall  be  charged  and  collected 
by  the  city  collector  of  taxes  a  registration  fee  of  one  dollar. 
The  term  "burial"  here  used  is  intended  to  include  regis- 
tration fee  for  all  bodies  placed  in  vaults.  And  in  all  cases 
where  bodies  are  removed  and  reburied,  or  placed  in  vaults, 
or  removed  from  the  city  for  interment  elsewhere,  there  shall 


CITY  OF  CtALVeston.  Art.  42-44. 

be  charged  and  collected  by  the  city  collector  a  registration 
fee  of  two  dollars,  a  careful  registration  of  such  removal  and 
reburial  being  made  and  entered  by  the  city  sexton  in  the 
Book  of  Registry  of  Burials.  And  the  following  schedule 
of  prices  shall  be  charged  in  all  cases  where  parties  are  buried 
in  any  of  the  city  cemeteries : 

For  preparing  the  graves  of  adults $3  50 

For  preparing  the  graves  of  children 2  50 

And  the  same  charges  shall  be  made  in  all  cases  where  bodies 
are  placed  in  vaults  in  the  city  cemeteries.  And  the  city  sex- 
ton shall  require  and  demand  a  receipt  from  the  city  collector 
of  taxes  showing  the  payment  of  such  charges  before  pre- 
paring graves  or  allowing  bodies  to  be  placed  in  vaults  in 
any  of  the  city  cemeteries;  provided,  that  the  fees  and  charges 
herein  provided  for  shall  not  apply  to  paupers  buried  at  the 
expense  of  the  city. 

Art.  42.  In  all  cases  where  paupers  are  buried  at  the 
expense  of  the  county  of  Galveston,  there  shall  be  charged 
and  collected  by  the  city  collector  of  taxes  from  the  county 
of  Galveston  the  sum  of  one  dollar  and  fifty  cents  for  pre- 
paring the  graves  of  all  paupers  buried  in  any  of  the  city 
cemeteries,  a  registry  of  such  burial  being  entered  as  herein- 
before provided,  for  which  no  charge  will  be  made.  In  ad- 
dition to  the  duties  which  devolve  on  the  city  sexton  as 
herein  prescribed,  he  is  required  to  keep  all  the  walks  in  the 
city  cemeteries  in  good  condition  and  free  of  grass  and  all 
other  growth,  and  he  shall  be  allowed,  for  the  compensation 
of  such  help  as  he  may  be  required  to  employ  monthly  in 
preparing  graves  and  keeping  the  walks  of  the  city  ceme- 
teries in  proper  condition,  such  amount  as  may  be  fixed 
monthly  by  the  board  of  commissioners,  which  sum  shall 
be  paid  from  the  registration  fees  collected  as  herein  pro- 
vided for  by  the  cit}'  collector  for  the  registration  of  burials. 
The  amount  to  be  allowed  monthly  for  the  compensation  of 
the  help  of  the  city  sexton  to  be  appropriated  monthly  by 
the  board  of  commissioners. 

Art.  43.  It  shall  be  the  duty  of  the  commissioner  of  streets 
and  public  improvements,  at  least  once  a  month,  to  examine 
into  the  condition  of  the  cemeter}^,  and  report  to  the  board. 

83 


Art.  44-48.  revised  oRDrNA^x•ES  of  the 

Art.  44.  The  city  sexton  shall  keep  a  registry  in  his  office, 
in  a  substantially  bound  book,  in  index  form,  allowing  eight 
to  ten  pages  to  each  letter,  which  register  shall  be  ruled  into 
columns,  showing  "date  of  burial,"  "name  of  deceased," 
"nativity,"  "age,"  "cause  of  death,"  "place  of  burial,"  "num- 
ber of  lot."  and  "number  of  grave  in  lot ;"  provided,  that  when 
the  burial  is  made  in  a  private  lot,  the  number  of  the  grave 
shall  be  omitted. 

Art.  4.").  The  sexton  shall  enter  in  said  register  all  burials 
made  in  the  cemetery,  whether  in  private,  lots,  potter's  field, 
or  strangers'  ground;  and  for  the  purpose  of  making  said 
entry,  he  shall  require  from  the  friends  of  the  deceased  a 
certificate  from  the  attending  or  other  practicing  physician 
as  to  the  facts  necessary  to  entitle  the  body  to  be  interred, 
or  shall  have  an  inquest  held  on  the  body. 

Art.  4fi.  The  said  register  shall  be  kept  in  the  office  of 
the  city  sexton,  and  shall  be  open  to  the  inspection  of  any 
one  interested,  and  failure  to  make  such  entries  shall  be  suf- 
ficient cause  for  removal  from  office. 

Art.  47.  The  city  sexton  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  an  oath  before  the 
mayor,  or  some  justice  of  the  peace  resident  in  said  city, 
well  and  truly  to  perform  the  duties  of  his  said  office. 

Art,  48.  Any  person,  desiring  to  have  a  dead  body  in- 
terred in  any  city  cemetery,  shall  apply  to  the  city  sexton 
for  that  purpose;  and  it  is  hereby  made  the  duty  of  the  said 
sexton  faithfully  to  inter  the  dead  bodies  of  all  persons  in- 
trusted to  him  for  that  purpose.  The  person  having  charge 
of  such  dead  body,  or  desiring  such  interment  to  be  made, 
shall  furnish  the  sexton  with  a  certificate  of  the  attending 
physician  of  the  deceased,  or  in  case  such  certificate  can  not 
be  procured,  or  there  was  no  physician  in  attendance,  with 
a  certificate  of  some  practicing  physician,  stating  the  name, 
sex,  age,  place  of  birth,  and  residence  of  the  deceased,  the 
time  and  place  of  death,  and  the  disease  or  casualty  which 
caused  such  death,  or  as  many  of  said  particulars  as  may 
be  known  or  can  be  obtained;  provided  further,  that  the 
holding  of  an  inquest  upon  such  dead  body  by  a  justice  of 
the  peace  or  other  officer  shall  not  relieve  the  sexton  from  the 

84 


CITY   OF   GALVESTON.  AET,  49-53, 

obligation  to  require  a  physician's  certificate  as  aforesaid 
before  interring  such   dead  body. 

Art.  49.  Any  person  desiring  to  ship  or  transport  a  dead 
body  beyond  the  city  limits,  for  interment  elsewhere  than 
in  a  city  cemetery,  shall  furnish  the  city  sexton  with  a  cer- 
tificate in  accordance  with  the  provisions  of  this  article  be- 
fore removing  the  same.  Any  person  who  shall  ship  or 
transport  a  dead  body  beyond  the  city  limits,  without  first 
having  furnished  the  city  sexton  with  the  certificate  herein 
prescribed,  shall  be. fined  ten  dollars. 

Art.  50.  It  shall  be  the  duty  of  the  sexton  to  require  such 
certificate  to  be  delivered  to  him  before  he  inters  any  dead 
body,  and,  if  he  shall  bury  any  such  body  without  such  cer- 
tificate, he  shall  be  subject  to  a  fine  not  exceeding  ten  dol- 
lars. And  it  shall  not  be  lawful  for  any  dead  body  to  be  buried 
within  the  city  limits,  except  in  some  cemetery  of  the  city, 
unless  express  permission  therefor  be  granted  by  the  health 
physician  ;  and  any  person  who  shall  bury,  or  attempt  to  bury, 
such  dead  body  within  the  corporate  limits  elsewhere  than 
in  such  cemetery,  without  such  permission  from  said  board, 
shall  be  subject  to  a  fine  of  not  exceeding  fifty  dollars. 

Art.  51.  It  shall  be  the  duty  of  every  householder,  or 
other  person  having  charge  of  the  body  of  any  deceased  per- 
son, and  of  the  attending  physician,  to  furnish  the  certificate 
required  herein,  and  upon  refusal  or  neglect  to  comply  with 
such  requisition,  he  shall  be  fined  in  a  sum  of  not  exceeding 
ten  dollars.  And,  if  any  person  shall  knowingly  make  any 
such  certificate,  which  shall  be  found  to  be  false  or  untrue, 
he  shall  be  fined  fifty  dollars. 

Art.  52.  It  shall  be  the  duty  of  the  city  sexton  to  keep  a 
record  book,  in  his  office,  to  be  provided  by  the  city,  which 
shall  contain  a  correct  account  of  all  burial  lots  or  graves 
sold,  in  the  cemetery  under  his  charge.  He  shall  make  a 
weekly  report  to  the  health  physician  of  all  interments  in  the 
cemeteries  under  his  charge,  and  return  to  the  health  phy- 
sician, with  said  report,  all  death  certificates  received  by  him, 
under  the  provisions  of  this  chapter,  during  the  current  week. 

Art.  53.  It  shall  be  the  duty  of  the  health  physician  to 
transcribe  or  record  an  abstract  of  said  certificates  returned 

85 


Art.  22-22.  revised  ordinances  of  the 

to  him  by  the  city  sexton  in  a  record  book  to  be  kept  for 
that  purpose  in  his  office,  and  publish  a  mortuary  list  in  ac- 
cordance therewith  at  least  once  in  every  week. 

Art.  54.  It  shall  not  be  lawful  for  any  person  to  dis- 
inter or  remove  any  dead  body  deposited  therein  from  any 
grave  or  vault,  except  it  be  upon  the  application  or  with  the 
consent  of  the  friends  or  family  of  the  deceased;  and  then 
only  under  the  written  permission  of  the  health  physician, 
and  superintendence  of  the  city  sexton.  And  if  any  person 
shall  offend  against  the  provisions  of  this  article,  or  shall 
receive  any  such  body,  knowing  it  to  have  been  so  disinterred 
and  removed,  without  the  permission  of  the  health  physician, 
he  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars. 

Art.  55.  It  shall  be  unlawful  for  any  person  to  deposit  for 
burial,  or  to  permit  any  dead  body  to  remain  in  any  vault 
in  the  cemeteries,  within  the  city  of  Galveston,  without  hav- 
ing the  same  thoroughly  sealed  up  in  an  air-tight  compart- 
ment thereof.  Any  person,  either  as  owner  or  agent,  who 
shall  violate  any  provision  of  this  ordinance,  shall  on  con- 
viction be  fined  in  the  sum  of  fifty  dollars.  It  shall  be  the 
duty  of  the  city  sexton  to  enforce  the  provisions  of  this 
chapter. 

Art.  56.  In  all  cases  where  permission  has  been  granted 
by  the  health  physician  to  disinter  or  remove  a  dead  body, 
it  shall  be  his  duty,  on  application  of  the  person  interested, 
to  give  such  person  a  certificate,  stating  the  cause  of  death 
and  such  other  facts  as  he  may  deeni  necessary ;  provided,  that 
no  permit  shall  be  granted  where  the  death  has  been  caused 
by  contagious  or  other  pestilential  disease. 

Art.  57.  If  the  said  city  sexton  shall,  without  the  con- 
sent of  the  friends  or  family  of  the  dead  person,  and  with- 
out proper  authority,  as  specified  in  the  preceding  article, 
suffer,  permit  or  allow  the  disinterment  of  any  dead  body, 
or  participate  directly  or  indirectly  therein,  or  in  unlawfully 
or  improperly  withholding  and  keeping  from  interment  any 
dead  body,  or  suffering  it  or  allowing  it  to  be  done,  he  shall 
be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and 
shall  be  removed  from  office. 


CITY    OF   GALVESTON.  ART,  08-GI. 

Art.  58.  The  said  sexton  shall  prepare,  or  cause  to  be 
prepared,  graves  for  the  reception  of  dead  bodies,  as  promptly 
as  shall  be  required,  and  shall  take  care  that  none  be  of  a 
less  depth  than  three  feet.  And  it  shall  be  his  duty  to  keep 
the  cemeteries  free  from  weeds  and  in  good  condition. 

Art.  59.  If  any  person  shall  cut,  break  or  otherwise  injure, 
mutilate  or  deface  any  tombstone,  head  or  foot  board,  vault, 
monument  or  enclosure,  tree,  shrub  or  ornament,  in  the  city 
cemeteries,  or  in  any  grave3'ard,  whether  belonging  to  the  city 
or  not,  he  shall  be  liable  to  be  fined  in  a  sum  not  exceeding 
twenty-five  dollars. 

Art.  60.  The  city  sexton  shall  have  control  over  the  in- 
terment and  disinterment  of  all  dead  bodies  in  the  grounds, 
either  public  or  private,  of  the  city  cemeteries,  and  shall 
keep  a  record  of  the  same,  and  make  weekly  report  thereof 
to  the  health  physician.  Any  person,  who  shall  inter  or  dis- 
inter any  dead  bod}-  in  the  city  cemeteries  without  the  knowl- 
edge and  consent  of  the  city  sexton,  shall  be  fined  in  aiiy 
sum  not  exceedine:  one  hundred  dollars. 


TITLE  III. 


CHAPTER    ONE. 

LIQUOR    TAX. 

Art.  61.  That  there  is  hereby  levied  and  hereafter  there 
shall  be  collected  from  every  person,  firm,  corporation  or 
association  of  persons  selling  spirituous,  vinous  or  malt  liquors 
or  medicated  bitters,  capable  of  producing  intoxication,  within 
the  corporate  limits  of  the  city  of  Galveston,  an  annual  tax 
on  each  separate  establishment,  as  follows : 

For  selling  such  liquors  or  medicated  bitters  in  quantities 
of  one  gallon  or  less  than  one  gallon,  one  hundred  and  fifty 
dollars ;  for  selling  such  liquors  or  medicated  bitters  in  quan- 
8-  87 


Art.  62.  revised  ordinances  of  tee 

titles  of  one  gallon  or  more  than  one  gallon,  one  hnndred 
and  fifty  dollars ;  provided,  that  in  selling  one  gallon  the  same 
may  be  made  up  of  different  liquors  in  unbroken  packages, 
aggregating  not  less  than  one  gallon ;  for  selling  malt  liquors 
exclusively,  twenty-five  dollars;  provided,  that  nothing  in 
this  section  shall  be  so  construed  as  to  exempt  druggists  who 
sell  spirituous,  vinous  or  malt  liquors  or  medicated  bitters, 
capable  of  producing  intoxication,  on  the  prescription  of  a 
physician  or  otherwise,  from  the  payment  of  the  tax  herein 
imposed;  and  provided  further,  that  this  article  shall  not 
apply  to  the  sale  by  druggists  of  tinctures  and  drug-com- 
pounds, in  the  preparation  of  wh'ch  said  liquor  or  medicated 
bitters  are  used,  and  sold  on  the  prescription  of  a  physician 
or  otherwise,  and  wnicli  tinctures  and  compounds  are  not 
intoxicating  beverages,  prepared  in  the  evasion  of  the  pro- 
visions of  this  section. 

Art.  62.  That  every  person,  firm,  corporation  or  associa- 
tion of  persons  desiring  to  engage  in  the  sale  of  spirituous, 
vinous  or  malt  liquors  or  medicated  bitters,  capable  of  pro- 
ducing intoxication,  in  the  city  of  Galveston,  as  set  forth 
in  Section  1  of  this  ordinance,  shall,  before  commencing  the 
sale  of  such  liquors  or  medicated  bitters,  file  with  the  sec- 
retary of  this  city  an  application,  under  oath,  for  license  to 
engage  in  the  sale  of  such  liquors  or  bitters ;  said  application 
to  be  made  on  a  form  to  be  furnished  said  applicant  by  the 
secretary,  and  which  shall  designate  the  place  where  it  is 
proposed  to  carry  on  the  sale  of  such  liquors  or  bitters,  giv- 
ing the  street  and  number  of  the  house,  the  quantity  which 
the  applicant  proposes  to  sell,  whether  one  gallon  or  more, 
or  one  gallon  or  less  than  one  gallon,  or  whether  he  or  they 
desire  to  sell  malt  liquors  exclusively;  and  shall  also  state 
in  said  application  whether  said  liquors  or  medicated  bitters 
are  to  be  sold  to  be  drunk  on  the  premises.  The  secretary 
shall  then  issue  a  certificate  showing  that  such  application 
has  been,  made  as  herein  provided,  and  thereupon,  and  not 
before,  there  shall  be  issued  by  the  collector  of  taxes  a  license 
to  said  applicant,  the  entire  annual  tax  herein  levied  having 
first  been  paid  to  the  collector  of  taxes  of  the  city  of  Gal- 
veston,  according  to   the   quantities   the   applicant   may   pro- 

88 


CITY   OF   GALVESTON.  ART.  G3-65. 

pose  to  sell.  All  taxes  herein  levied  shall  be  paid  in  ad- 
vance. All  licenses  issued  hereunder  shall  be  posted  in  a 
conspicuous  place  in  the  place  of  business  of  said  licensee, 
and,  on  failure  to  so  post  said  license  or  receipt,  he  or  they 
so  failing-  shall  be  considered  as  having  no  license  and  sub- 
ject to  all  the  pains  and  penalties  as  if  no  such  had  been  issued. 

Art.  63.  That  no  license  shall  be  issued  for  a  longer  period 
than  one  year.  The  time  for  which  such  license  is  authorized, 
the  particular  building,  number  and  location,  name  of  the 
licensee,  and  the  quantities  allowed  to  be  sold,  shall  be  stated 
in  the  license,  which  shall  be  valid  and  effective  only  at  the 
place  of  the  person  and  in  quantities  as  stated  therein,  and 
shall  not  be  subject  to  transfer  except  as  herein  provided. 

Art.  64.  That  if  any  person,  firm,  corporation  or  asso- 
ciation of  persons  shall  have  obtained  a  license  hereunder 
and  desire  to  transfer  the  same  to  some  other  person,  firm, 
corporation  or  association  of  persons,  such  transfer  may  be 
made  by  presenting  application  therefor  to  the  secretary, 
who  shall  thereupon  furnish  certificate  of  such  application, 
and  upon  presentation  of  such  certificate  and  the  license,  hav- 
ing the  transfer  endorsed  upon  the  face  thereof,  the  collector 
of  taxes  shall  endorse  his  approval  of  such  transfer  on  the 
face  of  the  license ;  and  any  person,  firm,  corporation  or 
association  of  persons  having  obtained  a  license  and  desir- 
ing to  change  the  place  or  time  designated  in  said  license 
Avhere  sales  may  be  made,  may  have  such  change  made  by 
applying  therefor  to  the  secretar}^,  who,  upon  such  applica- 
tion being  filed  with  him,  in  writmg,  shall  issue  a  certificate 
that  such  application  has  been  made ;  upon  presentation  of 
such  certificate  and  the  license  to  the  collector  of  taxes,  he 
shall  endorse  on  the  face  of  the  license  the  new  place  of 
business;  but  this  provision  shall  in  no  case  permit  of  the 
temporary  closing  one  place  of  business  to  sell  at  another 
place. 

Art.  65.  That  any  person,  firm  or  association  of  persons 
who  shall  engage  in  the  sale  of  spirituous,  vinous  or  malt 
liquors  or  medicated  bitters,  without  first  having  obtained 
a  license  therefor,  shall  be  fined  in  the  sum  of  ten  dollars. 
Any  person,  firm,  corporation  or  association  of  persons  who 

89 


Art.  66-68.  revised  okdinaxces  of  the 

shall  sell  spirituous,  vinous  or  malt  liquors  or  medicated  bit- 
ters, in  quantities  not  authorized  by  their  license,  or  who 
shall  sell  spirituous,  vinous  or  malt  liquors  or  medicated  bit- 
ters in  any  place  other  than  that  desig-nated  in  the  license, 
or  who  shall  sell  otherwise  than  as  authorized  by  the  license, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
before  the  Recorder,  bhall  be  fined  in  tlie  sum  of  ten  dollars; 
provided,  that  each  day  any  person,  firm  or  association  of 
persons,  shall  engage  in  the  sale  of  spirituous,  vinous  or  malt 
liquors  or  medicated  bitters,  in  violation  of  any  provision 
of  this  ordinance,  shall  constitute  a  separate  offense. 

Art.  go.  That  the  payment  nf  the  United  States,  special 
tax  or  the  State  tax,  as  a  seller  of  spirituous,  vinous  or  malt 
liquors,  shall  be  prima  facie  evidence  that  the  person,  firm 
or  association  of  persons  paying  such  tax  are  engaged  in 
selling  such  liquors. 

Art.  67.  That  the  secretary  is  hereby  required  to  keep  a 
book  showing  all  applications  to  him  for  licenses,  for  trans- 
fers thereof  and  for  changes  of  place  of  Ijusiness,  which  1)ook 
shall  show  the  date  of  such  application,  the  person,  firm  or 
association  of  persons  by  whom  such  application  is  made,  and 
the  place  where  such  business  is  carried  on ;  and  the  col- 
lector of  taxes  is  required  to  keep  a  book  which  shall  show 
when  and  to  whom  licenses  are  issued,  and  where  sales 
thereunder  are  to  be  made,  and  all  transfers  and  changes, 
and  the  details  thereof. 

Art.  6S.  That  all  persons,  firms  or  associations  of  persons 
who  have  paid  this  city  for  licenses  for  the  sale  of  liquors, 
under  ordinances  of  this  city  heretofore  existing,  such  pay- 
ment having  been  made  within  twelve  months  prior  to  the 
final  passage  thereof,  shall  be  entitled,  upon  presentation 
and  surrender  of  such  license  issued  by  this  city,  to  a  new 
license  under  the  terms  hereof,  which  said  license  shall  be 
valid  and  effective  for  a  period  of  one  year  from  the  date  of 
the  license  so  presented  and  surrendered. 


!)0 


CITY   OF   GALVESTON.  ArT.  69-70. 

CHAPTER  TWO. 

OCCUPATION    TAXES. 

Art.  no.  That  there  is  hereby  levied  on  and  shall  be  col- 
lected from  every  person,  firm,  company  or  association  of 
.  persons  pursuing  any  of  the  occupations  named  in  the  fol- 
lowing numbered  sub-divisions  of  this  section,  within  the 
limits  of  the  city  of  Galveston,  an  annual  occupation  tax, 
which  shall  be  paid  annually,  in  advance,  except  when  herein 
otherwise  provided,  on  every  such  occupation  or  separate 
establishment  as  follows : 

Art.  70.  From  every  merchant  whose  annual  purchases 
amount  to  less  than  two  thousand  dollars,  one  dollar  and  a 
half;  from  ever  merchant  whose  annual  purchases  amount 
to  two  thousand  or  less  than  five  thousand  dollars,  three 
dollars;  from  every  merchant  whose  annual  purchases  amount 
to  five  thousand  dollars  or  less  than  ten  thousand  dollars, 
six  dollars ;  from  every  merchant  whose  annual  purchases 
amount  to  ten  thousand  dollars  or  less  than  fifteen  thousand 
dollars,  ten  dollars  ;  from  every  merchant  whose  annual  pur- 
chases amount  to  fifteen  thousand  dollars  or  less  than  twenty- 
five  thousand  dollars,  twelve  and  one-half  dollars ;  from  every 
merchant  whose  annual  purchases  amount  to  twenty-five 
thousand  dollars  or  less  than  fifty  thousand  dollars,  thirty 
dollars ;  from  every  merchant  whose  annual  purchases  amount 
to  fifty  thousand  dollars  or  less  than  one  hundred  and  fifty 
thousand  dollars,  sixty-two  and  one-half  dollars;  from  every 
merchant  whose  annual  purchases  amount  to  one  hundred 
and  fifty  thousand  dollars  or  less  than  two  hundred  and 
fifty  thousand  dollars,  sevent}'-five  dollars ;  from  every  mer- 
chant whose  annual  purchases  amount  to  two  hundred  and 
fifty  thousand  dollars  or  less  than  five  hundred  thousand  dol- 
lars, one  hundred  dollars;  from  every  merchant  whose  annual 
purchases  amount  to  five  hundred  thousand  dollars  or  less 
than  seven  hundred  and  fifty  thousand  dollars,  or  more,  one 
hundred  and  twenty-five  dollars ;  from  every  merchant  whose 
annual  purchases  amount  to  seven  hundred  and  fifty  thousand 
dollars  or  more,  one  hundred  and  fifty  dollars.  Every  person, 
firm,   corporation  or  association   of  persons,   desiring  to   sell 

91 


Art.  71.  REVISED  ordinances  of  the 

o-oods,  wares  or  merchandise  within  this  city  shall,  before 
pursuing  such  occupation,  pay  the  tax  for  one  year  and  take 
out  a  license  to  pursue  the  occupation  of  the  merchant  of 
the  class  to  which  he  properly  belongs,  according  to  his  an- 
nual purchases,  as  provided  by  law,  and  shall  file  with  the 
tax  collector  an  affidavit  of  the  amount  of  his  annual  pur- 
chases for  the  past  year,  if  previously  engaged  in  such  busi- 
ness— or  a  part  of  a  year,  if  engaged  in  such  business  less 
than  a  year — and  also  of  the  estimated  amount  of  his  annual 
purchases  for  the  ensuing  year.  Said  afihdavit  shall  be  filed 
and  preserved  by  the  tax  collector  as  a  part  of  the  records 
of  his  office,  and  shall  be  in  substance  as  follows,  viz. : 

"The    undersigned,    as    the    representative    of 

,  doing  business  in 

the  City  of  Galveston,  Texas,  do  solemnly  swear 
that  the  estimate  made  of  the  annual  purchase  of 
said  concern  of  goods,  wares  and  merchandise  for 

the  next  ensuing  year  does  not  exceed 

thousand  dollars.  I  further  swear  that  the  annual 
purchases  of  said  concern  for  the  i)ast.  . .  .months 

did   not   exceed   the    sum    of thousand 

dollars." 

Said  affidavit  shall  be  signed  and  sworn  to  before  some 
officer  authorized  to  administer  oaths,  and  for  this  purpose 
the  tax  collector  of  this  city  is  hereby  authorized  to  ad- 
minister oaths. 

Art.  71.  From  every  merchant  who  may  move  from  place 
to  place  and  offer  for  sale  "Bankrupt  stocks"  of  goods,  or 
advertising  "Fire  sales"  or  "Water  and  fire  damaged  stocks 
for  sale,"  for  a  limited  period  of  time,  there  shall  be  collected 
Fifty  dollars  per  month  for  the  first  month,  or  less  than  a 
month,  for  each  and  every  place  where  such  business  is  loca- 
ted;  and  for  each  additional  month  that  sucli  sales  are  con- 
tinued, at  any  given  place,  said  merchant  shall  pay  an  addi- 
tional sum  of  Ten  dollars;  provided,  that  wliere  they  remain 
for  six  months  in  one  place,  in  addition  to  the  Infty  dollars 
charged  for  the  first  month,  they  shall  pay  an  additional  sum 
of  Five  dollars  per  month  ;  and  provided  further,  that  if  they 

92 


CITY   OF   GALVESTON.  ArT.  72  80. 

remain  in  one  place  for  a  period  of  twelve  months,  they  shall 
be  required  to  pa}-,  in  addition  to  the  Fifty  dollars  for  the 
first  month,  the  sum  fixed  in  the  preceding  paragraph,  accord- 
ing to  class  and  amount  of  goods  sold  in  one  year. 

Art.  72.  From  every  traveling  person  selling  patent  or 
other  medicines.  Fifty  dollars ;  and  no  traveling  person  shall 
so  sell  until  said  tax  is  paid ;  provided,  that  this  tax  shall  not 
apply  to  commercial  travelers,  drummers  or  salesmen  making 
sales,  or  soliciting  trade  for  merchants  engaged  in  the  sale  of 
drugs  or  medicines  by  wholesale. 

Art.  73.  From  every  fortune  teller.  Five  dollars ;  from 
every  clairvoyant  or  mesmerist,  who  plies  his  or  her  vocation 
for  money.  Five  dollars. 

Art.  74.  From  every  person,  firm  or  association  of  per- 
sons engaged  in  discounting  or  shaving  paper,  or  engaged 
in  business  as  money  brokers  or  bankers,  or  dealers  in  stocks, 
securities  or  bills  of  exchange,  or  in  buying  or  selling  bonds, 
State,  County  or  City  warrants,  or  other  claims  against  the 
State,  an  annual  tax  of  Twenty-five  dollars. 

Art.  75.  From  every  operator  or  owner  of  any  daguer- 
rean,  photograph  or  other  like  gallery,  by  whatever  name 
called,  an  annual  tax  of  Five  dollars. 

Art.  T().  From  every  auctioneer  an  annual  tax  of  Five 
dollars. 

Art.  77.  From  every  keeper  of  a  toll  bridge,  an  annual 
tax  of  Three  and  one-half  dollars. 

Art.  78.  From  every  person,  firm  or  association  of  per- 
sons following  the  occupation  of  ship  brokers  or  ship  agents, 
an  annual  tax  of  Five  dollars. 

Art.  79.  From  every  person,  firm  or  association  of  per- 
sons selling  on  commission.  Five  dollars. 

Art.  80.  From  every  land  agent  there  shall  be  collected 
an  annual  tax  of  Two  and  one-half  dollars.  The  term  "land 
agent"  shall  be  construed  to  mean  any  person,  firm  or  asso- 
ciation of  persons  performing  for  compensation  any  of  the 
following  services :  Purchasing  or  selling  real  estate  for  oth- 
ers; purchasing  or  selling  land  certificates  for  others.  But 
this  term  "land  agent"  shall  not  be  construed  so  as  to  levy  a 
tax  upon  an  attorney  in  addition  to  the  one  hereinafter  levied. 

93 


Art.  81-8n.  revised  ordinances  of  the 

Art.  81.  From  every  person  practicing  law,  and  from 
every  conveyancer  or  other  person  drawing  deeds  or  other 
legal  instruments  for  pay,  Two  and  one-half  dollars. 

Art.  82.  From  every  local  practicing  dentist,  an  annual 
tax  of  Two  and  one-half  dollars. 

Art.  83.  From  every  person  or  firm  keeping  a  shooting 
gallery  at  which  a  fee  is  paid  or  Demanded,  an  annual  tax  of 
Fifteen  dollars. 

Art.  84.  From  each  person  or  firm  keeping  a  knife,  cane 
or  doll  rack,  or  any  other  device  upon  which  rings  are  pitched, 
or  at  which  balls  are  thrown,  an  annual  tax  of  Twelve  and 
one-half  dollars. 

Art.  So.  From  every  billiard,  pool  table,  or  anything  of 
the  kind,  used  for  profit,  Ten  dollars ;  and  any  such  table  used 
in  connection  with  any  drinking  saloon  or  other  place  of  busi- 
ness where  intoxicating  liquors,  cigars  or  other  things  of  value 
are  sold  or  given  away,  or  upon  which  any  money  or  other 
thing  of  value  is  paid,  shall  be  regarded  as  used  for  profit. 

Art.  86.  From  any  person  or  persons  who  shall  sell  pools 
on  horse  races  or  other  contests.  Two  and  one-half  dollars 
for  each  and  every  da}^  they  may  so  sell  said  pools. 

Art.  87.  From  every  nine  or  ten  pin  alley  or  any  other 
alley  used  for  profit,  or  whatever  name  called,  constructed  or 
operated  upon  the  principle  of  a  bowling  alley,  and  upon 
which  balls,  rings  or  other  devices  are  used  as  substitutes 
thereof,  arc  rolled,  without  regard  to  the  number  of  pins  used, 
or  whether  pins  are  used  or  not,  or  whether  the  balls,  rings  or 
other  devices  are  rolled  by  hand  or  with  a  cue  or  any  other 
device,  Ffty  dollars.  Any  such  alley  used  in  connection  with 
any  drinking  saloon,  or  any  drug  store,  or  with  any  drug 
store  where  intoxicating  liquors  are  sold,  or  given  away,  or 
upon  which  money  or  anything  of  value  is  paid,  shall  be  re- 
garded as  used  for  profit. 

Art.  88.  From  all  persons  keeping  or  using  for  profit  any 
hobby  horse,  flying  jenny,  or  device  of  that  character,  with  or 
without  name,  Seven  and  one-half  dollars  for  each  place  where 
the  same  are  kept  or  used. 

Art.  89.  From  every  foot  peddler  Two  dollars  and  fifty 
cents ;  from  every  peddler  with  one  horse  or  one  pair  of  oxen, 

94 


CITY   OF   GALVESTON.  ART.  90-92. 

the  sum  of  Three  dollars  and  seventy-five  cents ;  from  every 
peddler  with  two  horses  or  two  pair  of  oxen,  Five  dollars ;  from 
every  peddler  with  sail  or  other  boat  in  Galveston  Bay  within 
the  city  limits.  Five  dollars ;  provided,  that  nothing  herein 
contained  shall  be  so  construed  as  to  include  traveling  ven- 
dors of  literature,  or  traveling  vendors  of  poultry,  vegetables, 
fruits  or  other  countrv  produce  exclusively,  and  fruit  trees 
exclusively. 

Art.  90.  From  every  theatre  or  dramatic  representation 
for  which  pay  for  admission  is  demanded  or  received,  Two  and 
one-half  dollars  per  day  for  every  day  they  may  perform ; 
provided,  that  theatrical  or  dramatic  representations  given 
by  performers  for  instruction  only,  or  entirely  for  charitable 
purposes,  shall  not  be  herein  included  ;  and  provided  further, 
that  this  tax  shall  not  be  collected  where  the  performances 
are  exhibited  in  regularly  recognized  opera  houses  or  theatres, 
but  in  lieu  of  said  tax  the  managers  of  said  opera  houses  or 
theatres  shall  pay  an  annual  occupation  tax  of  Twelve  and 
one-half  dollars. 

Art.  91.  From  every  circus  wherein  equestrian  or  acro- 
batic feats  and  performances  are  exhibited,  for  which  pay  for 
admission  is  demanded  or  received,  for  each  performance  or 
exhibition  where  an  admission  fee  of  one  dollar  is  charged, 
One  hundred  and  twenty-five  dollars ;  for  each  performance 
or  exhibition  where  an  admission  fee  of  seventy-five  cents  is 
charged.  One  hundred  dollars ;  for  each  performance  where 
fifty  cents  or  less  is  charged.  Fifty  dollars ;  provided,  that  the 
amount  of  fee  charged  for  reserved  seats  shall  be  considered 
as  a  part  of  such  admission  fee ;  provided,  that  where  there  is 
a  combination  of  circus  and  menagerie,  or  circus  and  other 
exhibitions,  the  highest  tax  fixed  by  this  act  for  any  division 
or  department  of  the  combination  shall  be  collected;  provided 
further,  that  every  show  or  exhibition  which  advertises  itself 
as  a  circus  or  menagerie,  or  combination  of  circus  and  mena- 
gerie, shall  be  held  and  construed  to  be  a  circus  or  a  mena- 
gerie, or  a  circus  and  menagerie,  whether  it  be  such  or  not. 

Art.  92.  From  every  menagerie,  wax  work  museum,  side 
show  or  exhibition,  whether  connected  with  a  circus  or  not, 
where  a  separate  fee  is  demanded  or  received.  Five  dollars  for 

95 


AkT.  93-100.  REVISED   ORDINANCES   OF   THE 

every  performance  or  exhibition  in  which  fees  for  admission 
are  received. 

Art.  93.  From  every  exhibition  where  acrobatic  feats  are 
performed  and  an  admission  fee  charged  for  .profit,  not  con- 
nected with  the  circus  or  theatre,  Five  dollars  for  each  per- 
formance. 

Art.  94.  From  every  sleight  of  hand  performance  or  exhi- 
bition of  legerdemain  not  connected  with  a  theatre  or  circus, 
Twelve  and  one-half  dollars. 

Art.  95.  From  every  person  bringing  ofif  a  fight  between 
dogs  and  bulls,  or  between  bears  and  dogs,  or  between  bulls 
and  any  other  animal,  or  betweer  dogs  and  dogs,  Two  hun- 
dred and  fifty  dollars  for  each  performance. 

Art.  96.  From  every  cock-pit,  when  kept  for  profit  or  upon 
which  any  money  or  anything  of  value  is  bet  or  paid.  Twenty- 
five  dollars. 

Art.  97.  From  every  menagerie,  wax  work  exhibition  of 
any  kind,  where  a  separate  fee  for  admission  is  demanded  or 
received,  Five  dollars  for  every  day  on  which  fees  for  such 
admission  are  received;  provided,  that  exhibitions  by  associa- 
tions organized  for  promotion  of  art,  science,  charity  or  be- 
nevolence, shall  be  exempt  from  taxation ;  and  provided  fur- 
ther, that  no  persons  who  form  a  museum  composed  entirely 
of  the  products  of  Texas  shall  have  a  right  to  exhibit  the  same 
for  a  fee  without  paying  any  occupation  tax. 

Art.  98.  From  every  concert  where  a  fee  for  admission  is 
demanded  or  received.  One  dollar ;  provided,  that  entertain- 
ments when  given  by  the  citizens  for  charitable  purposes,  or 
for  the  support  or  aid  of  literary  or  cemetery  associations, 
are  exempt. 

Art.  99.  From  every  livery  or  feed  stable,  fifteen  cents  for 
each  stall  and  fifteen  cents  for  each  hack,  buggy  or  other  ve- 
hicle ;  and  from  every  hack,  buggy,  dray,  wagon  or  other 
vehicle  let  for  hire,  not  connected  with  a  livery,  feed  and  sale 
stable.  One  dollar;  from  every  wagon  yard  used  for  profit, 
Two  and  one-half  dollars. 

Art.  100.  From  each  and  every  person  acting  as  general 
adjuster  of  losses,  or  agent  of  fire,  life,  marine  and  accident 
msurance  companies,  who  may  transact  any  business  as  such 

96 


CITY   OF   GALVESTON.  ART.  101-104. 

in  this  City,  an  annual  occupation  tax  of  Twenty-five  dollars. 
By  "general  agent,"  as  used  in  this  law,  is  meant  any  person 
or  firm,  representative  of  any  insurance  company  in  this  City, 
or  who  may  exercise  a  general  supervision  over  the  business 
of  such  insurance  company  in  this  city,  or  over  the  local 
agency  thereof  in  this  City;  provided,  that  when  such  a  gen- 
eral agent  acts  as  a  local  agent,  he  shall  pay  an  additional  tax 
as  a  local  agent  as  hereinafter  provided. 

Art.  101.  From  each  and  every  person  or  firm  acting  as 
local  agent  or  agents  of  life,  fire,  marine  and  accident  insur- 
ance companies,  who  may  transact  any  business  as  such  in 
this  City,  an  annual  occupation  tax  of  Two  and  one-half  dol- 
lars. By  "local  agent,"  as  used  in  this  law,  is  meant  any  per- 
son or  firm  who  may  solicit,  contract  for  or  receive  premiums 
for  insurance  in  this  City  for  any  insurance  company  or  com- 
panies, or  who  may  deliver  contracts  or  policies  of  insurance, 
including  railway  agents  and  employes  who  may  solicit  or  re- 
ceive premiums  for  accident  insurance  in  this  City. 

Art.  102.  From  each  and  every  person  or  firm  acting  as 
local  agent  or  agents  of  industrial  life  insurance  companies, 
who  may  transact  any  business  as  such  in  this  City,  an  annual 
tax  of  One  dollar.  By  "industrial  life  insurance,"  as  used  in 
this  law,  is  meant  insurance  adapted  to  the  wants  and  necessi- 
ties of  the  wage  earners,  in  that  the  policies  are  small  and  the 
premium  collected  weekly  at  the  homes  of  the  insured,  the 
maximum  policy  of  insurance  written  on  any  one  person  being 
one  thousand  dollars. 

Art.  103.  From  every  person,  firm,  corporation  or  asso- 
ciation of  persons  following  the  occupation  of  cotton  broker, 
Eighteen  dollars ;  and  every  person  canvassing  for  the  sale  of 
lightning  rods,  an  annual  tax  of  Fifty  dollars. 

Art.  104.  From  every  person,  firm,  corporation  or  asso- 
tiation  of  persons  following  the  occupation  of  cotton  broker, 
cotton  factor  or  commission  merchant,  an  annual  tax  of  Sev- 
enteen and  one-half  dollars ;  provided,  that  a  merchant  who 
pays  an  occupation  tax  under  this  law  shall  not  be  considered 
as  a  cotton  broker.  A  "commission  merchant,"  in  the  mean- 
ing of  this  section,  is  every  person,  firm,  corporation  or  asso- 
ciation of  persons,  receiving  country  produce,  horses,  cattle. 

97 


Art.  105-114.      kevised  ordinances  of  the 

sheep,  hogs,  grain,  corn,  hay,  lumber,  shingles,  wood,  coal, 
goods,  wares  and  merchandise,  or  anything  else  for  sale,  to 
be  accounted  for  to  the  owner  when  sold,  and  charging  a  com- 
mission therefor. 

Art.  105.  From  every  pawnbroker,  an  annual  tax  of  Sev- 
enty-five dollars. 

Art.  lOG.  h>om  every  cotton  buyer  or  buyers  of  wool  or 
hides.  Five  dollars;  provided,  that  a  merchant  who  pays  an 
occupation  tax,  as  herein  prescribed,  shall  not  be  considered 
a  cotton  buyer  or  buyer  of  wool  or  hides. 

Art.  107.  From  every  person,  firm,  corporation,  agency  or 
association  of  persons  dealing  in  sewing  machines,  an  annual 
tax  of  Seven  and  one-half  dollars;  provided,  that  a  merchant 
Avho  pays  an  occupation  tax,  as  required  under  this  section, 
shall  not  be  required  to  pay  this  special  tax  to  sell  sewing 
machines  when  sold  in  his  place  of  business. 

Art.  108.  From  every  person  or  firm  who  peddles  out 
clocks,  cooking  stoves  or  ranges,  wagons,  buggies,  carriages, 
surreys  and  other  similar  vehicle,  washing  machines  and 
churns,  an  annual  tax  of  One  hundred  and  twenty-five  dollars; 
provided,  that  a  merchant  who  pays  an  occupation  tax,  as 
required  under  this  article,  shall  not  be  required  to  pay  this 
special  tax  for  selling  the  articles  named  in  this  paragraph 
when  sold  in  his  place  of  business. 

Art.  109.  From  each  gas  company  manufacturing  gas  in 
this  City,  an  annual  tax  of  Seventeen  and  one-half  dollars. 

Art.  110.  From  each  electric  light  company  operating  an 
electric  light  plant  in  this  City,  an  annual  tax  of  Seventeen  and 
one-half   dollars. 

Art.  111.  I^Vom  each  and  every  owner  or  keeper  of  any 
skating  rink  used  for  profit.  Twelve  and  one-half  dollars. 

Art.  112.  From  every  manager  of  a  base  ball  park  in  this 
City,  where  an  admission  fee  is  charged.  Twelve  and  one-half 
dollars. 

Art.  113.  From  each  owner  or  keeper  of  every  steam 
laundry.  Five  dollars. 

Art.  114.  From  each  person  or  corporation,  who  are 
wholesale  dealers,  sellmg  imported  or  home  made  ice  to  the 

98 


CITY   OF   (}^ALVESTON.  ART.   115-121. 

trade  to  be  sold  again,  in  this  City,  an  annual  tax  of  Twenty- 
five  dollars. 

Art.  llo.  From  every  owner  or  manager  of  every  race 
track,  one  mile  or  more  in  length,  used  for  profit,  Fifty  dollars; 
from  each  owner  or  manager  of  every  race  track,  one-half  mile 
or  less  in  length.  Twenty-five  dollars  per  annum;  provided, 
that  this  shall  not  apply  to  race  tracks  owned  by  private  indi- 
viduals and  used  only  for  training  purposes,  or  in  connection 
with  agricultural  affairs  and  expositions. 

Art.  116.  From  every  street  car  company  in  this  City, 
One  dollar  per  mile  on  each  mile  of  track  owned  by  said  com- 
pany or  corporation. 

Art.  117.  From  each  owner  or  manager  of  every  grain 
elevator,  doing  business  for  fees  or  toll,  with  a  capacity  of 
one  hundred  thousand  bushels,  Twenty-five  dollars;  on  each 
owner  or  manager  of  every  elevator  with  a  capacity  of  fifty 
thousand  bushels  and  not  over  one  hundred  thousand  bushels. 
Twelve  and  one-half  dollars. 

Art.  118.  h'rom  each  owner  or  manager  of  every  phono- 
graphic, electric  battery,  graphophone  or  other  like  machines 
or  instruments,  where  a  fee  is  charged,  an  annual  tax  of 
Twelve  and  one-half  dollars ;  provided,  that  when  an  electric 
battery  is  used  by  a  regularly  authorized  physician  on  a  pa- 
tient no  tax  shall  be  charged. 

Art.  119.  From  each  owner  or  keeper  of  every  kineto- 
scope,  cinetograph  or  similar  machine  or  instrument,  used 
for  profit,  which  shows  the  life  like  motions  of  persons  or 
animals,  an  annual  occupation  tax  of  Twelve  and  one-half 
dollars. 

Art.  120.  From  each  owner,  manager  or  keeper  of  every 
panorama  or  view  show,  used  for  profit,  exhibiting  in  a  wagon, 
room,  tent  or  elsewhere,  an  annual  occupation  tax  of  Five  dol- 
lars per  annum.  A  panorama  or  view  show,  in  the  meaning  of 
this  act,  is  a  show  exhibiting  pictures,  statuary  or  other  works 
of  art  which  are  viewed  through  stereoscopic  or  magnifying 
lenses. 

Art.  121.  From  every  person,  firm  or  association  who  are 
wholesale  dealers  in  cotton  seed  oil,  or  any  of  the  products  of 
cotton  seed,  selling  such  to  the  trade,  a  tax  of  Twelve  and  one- 

99 


Art.  122-125.      revised  ordinances  of  the 

half  dollars ;  provided,  that  this  tax  shall  not  apply  to  a  mer- 
chant who  sells  other  goods  and  merchandise  and  pays  an  an- 
nual occupation  tax  therefor. 

Art.  132.  From  each  owner,  manager  or  keeper  of  every 
show  or  company  of  persons  giving  exhibitions  of  music, 
songs,  recitations,  sleight  of  hand,  gymnastic,  dancing  or  other 
kinds  of  performances  in  a  tent,  house  or  elsewhere,  which 
said  exhibitions  are  used  for  profit  by  sale  of  medicines,  elec- 
tric belts  or  other  articles  of  value,  whether  charge  is  made 
only  for  seats  or  not,  an  annual  occupation  tax  of  Twenty-five 
dollars ;  provided,  this  tax  shall  not  be  assessed  when  these 
performances  are  given  inside  the  grounds  of  any  State  or 
County  fair  during  the  time  that  said  State  or  County  fair  is 
giving  its  annual  exhibition. 

Art.  123.  From  every  person,  firm  or  association  of  per- 
sons selling  on  commission  in  this  City,  Twenty-five  dollars; 
this  article  is  intended  to  cover  every  person,  firm  or  associa- 
tion of  persons  selling  on  samples  only,  and  who  do  not  carry 
any  stock  of  merchandise  or  anything  else  on  hand  ;  provided, 
that  this  tax  shall  not  apply  to  commercial  travelers  or  sales- 
men making  sales  or  soliciting  trade  from  merchants. 

Art.  12-lr.  From  all  dealers  in  cigarettes  in  this  City,  the 
sum  of  Five  dollars  per  annum ;  a  cigarette  being,  within  the 
meaning  of  this  act,  the  same  as  defined  by  the  laws  of  the 
United  States  government;  provided,  that  this  tax  shall  be  in 
addition  to  the  occupation  tax  levied  on  merchants,  and  any 
other  tax  levied  under  the  law ;  and  provided  further,  that  each 
dealer  shall  be  required  to  procure  an  annual  license  from  the 
City  Collector  of  the  City  of  Galveston,  which  shall  be  granted 
for  no  longer  or  shorter  period  than  one  year;  and  provided 
further,  that  the  license  shall  describe  the  houses  and  locality 
where  the  dealer  proposes  to  sell  cigarettes. 

Art.  125.  That  all  licenses  issued  for  the  pursuit  of  the 
occupations  herein  taxed  shall  be  for  the  municipal  year  be- 
ginning January  1  and  ending  December  31;  provided,  that 
any  such  licenses  may  be  obtained  at  any  time  for  the  unex- 
pired portion  of  the  year  upon  the  payment  of  the  proper  pro- 
portions of  the  prescribed  tax  ;  provided  further,  that  quar- 
terly licenses  may  be  issued  in  any  case  where  the  annual  tax 

100 


CITY   OF   GALVESTON.  ART.  126-129, 

amounts  to  ten  dollars  or  more ;  and  provided  further,  that  the 
receipt  of  the  proper  officer  shall  be  prima  facie  evidence  of 
the  payment  of  such  taxes  as  herein  named ;  and  provided 
further,  that  no  person,  firm  or  association  of  persons,  who 
shall  begin  the  conduct  of  any  business  herein  taxed,  after  the 
levy  hereof,  shall  be  exempt  from  the  operations  thereof. 

Art.  126.  No  license  shall  be  transferred  except  upon  pre- 
sentation of  said  license  to  the  Collector  of  Taxes,  who  shall 
endorse  thereon  the  date  of  presentation,  the  name  of  trans- 
ferree,  and  the  place  of  business. 

Art.  126a.  It  shall  be  the  duty  of  any  person,  firm  or  cor- 
poration subject  to  an  occupation  tax  or  license  in  said  City, 
on  desiring  to  open,  undertake  or  carry  on  any  business,  pro- 
fession, trade  or  avocation,  upon  which  an  occupation  or  li- 
cense tax  is  imposed,  before  opening,  undertaking  or  carrying 
on  any  such  business,  profession,  trade  or  avocation,  to  call 
upon  the  Assessor  for  assessment  thereof,  and  to  pay  to  the 
Collector  of  the  City  the  amount  of  such  license  or  occupa- 
tion tax;  and  it  shall  be  the  duty  of  the  collector  to  receive 
the  said  tax  and  to  issue  to  such  person,  firm  or  corporation 
a  receipt  or  license,  describing  the  street  or  number  of  the 
place  of  business,  calling,  trade  or  profession. 

Art.  127.  Any  person,  either  as  principal  or  agent,  who 
shall  pursue  any  business  or  occupation  taxed  by  the  provisions 
of  this  ordinance,  without  first  having  paid  the  tax  and  ob- 
tained a  license  therefor  from  the  Collector,  shall  be  fined  in 
the  sum  of  Ten  dollars  for  each  day  such  violat/rn  of  this 
co'dinance  may  continue. 

Art.  128.  It  shall  be  the  duty  of  every  person,  firm  or 
member  of  a  firm  or  corporation,  doing  business  within  this 
City,  to  have  hung  up  or  posted  in  their  office  or  place  of  bus- 
iness, in  a  conspicuous  place,  the  certificate  of  the  Collector, 
or  license,  as  hereinbefore  provided.  Any  person  who  shall 
fail  to  comply  with  the  provisions  of  this  section,  shall  be  fined 
in  any  sum  not  exceeding  Ten  dollars. 

Art.  129.  Any  person  arrested  or  prosecuted  for  the  non- 
payment of  the  occupation  taxes,  under  the  provisions  of  this 
ordinance,  may  have  said  prosecution  dismissed  upon  the  pay- 
ment of  the  tax  due,  together  with  the  costs  that  may  have 
accrued  in  such  proceedings  in  the  Recorder's  Court. 

101 


Art.  1;5U-132.         revised   OliDINANCES   OF   THE 

CHAPTER  THREE. 

ITINERANT    VENDORS. 

Art.  130.  That  hereafter,  m  the  City  of  Galveston,  no  itm- 
crant  or  transient  vendor  of  clothing  or  wearing  apparel,  or 
goods  intended  for  the  make  of  any  personal  garment,  or  arti- 
cle of  bedding,  or  goods  of  any  description  whatsoever,  shall 
advertise,  represent  or  hold  forth  any  sale  as  an  insurance, 
l)ankrupt,  insolvent,  assignee,  trustee,  testator,  administra- 
tor, syndicate,  wholesale  manufacturer  or  closing  out  sale  of 
any  goods  damaged  by  boat  or  railway  or  other  wreck,  or  by 
smoke,  fire,  water  or  otherwise,  or  in  anj  sijnilar  form,  unless 
he  shall  before  doing  so  pay  the  license  required  in  this  ordi- 
nance, and  shall  under  oath  in  writing  to  the  Assessor  and 
Collector,  in  his  application  for  license  to  conduct  such  sales  in 
said  City,  all  of  the  facts  relating  to  the  character  and  reason 
of  such  sales,  and  the  names  of  the  person  or  persons  from 
whom  such  goods  were  obtained  and  the  place  from  whence 
said  goods  were  last  taken,  and  all  the  details  necessary  to 
exactly  locate  and  identify  the  same  as  being  actually  as  ad- 
vertised, represented  or  held  forth,  and  in  order  that  the 
health  ofificer  may  ascertain  whether  any  of  such  goods  be 
from  any  place  afifected  by  any  infectious  or  contagious  dis- 
ease, and  their  sale  dangerous  to  the  public  health. 

Art.  131.  Every  person  who,  f(ir  himself,  herself,  or  an- 
other shall  undertake  to  carry  on  or  conduct  any  such  sale, 
or  dispose  of  goods  advertised  and  represented  to  be  the  char- 
acter and  kind  of  goods  mentioned  in  the  preceding  section, 
without  having  first  made  the  written  statement  therein  re- 
quired, and  secured  the  license  required,  shall  be  punished  for 
every  day  so  offending  by  a  fine  not  exceeding  one  hundred 
dollars  nor  less  than  fifty  dollars,  and  shall  stand  committed 
as  in  other  misdemeanors,  until  such  fine  and  costs  of  court 
are  paid. 

Art.  132.  That  any  person  for  himself  or  another,  who 
shall  falsely  represent,  hold  forth  and  advertise  for  sale,  goods 
of  the  kind  mentioned  in  this  ordinance,  or  who  shall  sell  any 
goods  of  any  other  kind  whatsoever  that  are  not  as  actually  rep- 
resented by  him  or  her,  or  his  or  her  agent,  in  the  written  appli- 

102 


CITY   OF   GALVESTON.  AET.  133-13G, 

cation  for  license  to  the  city  assessor,  shall  be  guilty  of  a 
penal  offense,  and  for  each  article  of  goods  so  falsel}-  adver- 
tised, represented  and  held  forth  and  sold,  shall,  on  conviction 
thereof,  pay  a  fine  of  not  more  than  fifty  ($50)  and  not  less 
than  ten  dollars  ($10),  and  the  costs  of  prosecution. 

Art.  133.  Be  it  further  ordained,  that  the  city  assessor  and 
collector,  before  issuing  a  license  herein,  shall  first  refer  said 
written  statement  of  the  application  for  license  to  the  city 
health  officer,  and  if  the  city  health  officer  shall  be  satisfied 
that  none  of  the  goods  described  by  applicant  came  from  any 
locality  aft'ected  with  a  contagious  or  infectious  disease  then 
he  shall  so  report,  and  the  assessor,  on  the  payment  of  the  tax 
required  for  such  occupation,  shall  issue  a  license  to  such 
vendor  to  carry  on  and  conduct  such  sales. 

Art.  134.  Be  it  further  ordained,  that  the  tax  on  such 
transient  or  itinerant  person,  engaged  in  such  sales,  shall  be 
fifty  dollars  ($50)  for  any  month,  or  part  of  a  month,  of  such 
sales,  and  no  license  shall  be  issued  for  a  less  sum  than  fifty 
dollars  ($50),  and  the  license  shall  not  be  transferable,  and  for 
every  day  such  sales  shall  be  conducted  without  the  payment 
of  the  tax  required,  on  conviction  thereof,  he  shall  i)ay  a  fine 
of  one  hundred  dollars  ($100). 

Art.  135.  Be  it  further  ordained,  that  if  at  any  time  any 
such  dealer  shall,  knowingly  or  careless!}",  expose  for  sale,  or 
bring  to  the  city  for  sale,  any  article  of  goods  from  any  locality 
affected  by  any  infectious  or  contagious  disease  he  shall  for- 
feit his  license,  and  be  subject  to  a  fine  of  not  less  than  one 
hundred  dollars  ($100)  nor  more  than  two  hundred  dollars 
($200). 

Art.  l.')(i.  The  provisions  of  this  ordinance  shall  not  apply 
to  sales  made  to  dealers  by  commercial  travelers  or  selling 
agents  in  the  usual  course  of  business,  nor  to  bona  fide  sales 
of  goods,  wares  and  merchandise  by  samples  for  future  deliv- 
ery, to  street  hawkers  or  peddlers,  or  to  sheriff's,  constables 
or  other  public  officers,  or  to  bona  fide  assignees  or  auction- 
eers, or  trustees  or  receivers,  regularly  appointed,  selling 
goods  and  merchandise  in  said  city,  nor  to  bona  fide  mer- 
chants, having  license  as  such,  and  who  are  not  itinerant  or 
transient  ^'endors  solely  and  exclusively  advertising  goods 
9-  103 


Art.  137-140.      revised  oedixakces  of  the 

damaged  by  wrecks,  or  fire  or  water,  or  in  other  manner  as  set 
•  out  in  section  one  of  this  ordinance. 

CHAPTER    FOUR. 

MANUSCRIPT    BONDS. 

Art.  137.  That  the  commissioner  of  finance  and  revenue 
be,  and  he  is  hereby  authorized,  empowered  and  instructed, 
to  have  prepared  manuscript  bonds,  to  be  issued  in  the  name 
of  the  City  of  Galveston,  and  to  be  signed  by  the  President  and 
countersigned  by  the  City  Secretary,  and  the  City  Auditor, 
with  the  seal  of  the  City  affixed  thereon,  said  bonds  to  be 
executed  and  delivered  in  lieu  of  and  to  take  up  all  the  bonds 
now  at  the  credit  of  all  the  sinking  funds  of  the  said  City  of 
Galveston.  That  the  City  Auditor  be  and  he  is  hereby  in- 
structed to  prepare  such  manuscript  bonds  in  such  amounts 
as  may  be  necessary  for  each  separate  sinking  fund,  the  form 
to  be  approved  by  the  City  Attorney.  Said  manuscript  bonds 
shall  recite  that  they  are  issued  in  lieu  of  the  bonds  in  said 
funds,  giving  the  numbers  and  the  series  to  which  each  of  the 
same  may  belong,  and  shall  bear  the  same  rate  of  interest  as 
the  bonds  for  which  they  are  substituted. 

Art.  138.  Said  manuscript  bonds  shall,  when  executed,  be 
delivered  to  the  City  Treasurer  of  said  City,  to  be  substituted 
for  said  original  coupon  bonds  of  the  City  of  Galveston  now 
held  by  said  Treasurer  in  trust  for  the  sinking  funds  to  which 
they  may  belong,  and  it  is  hereby  made  the  duty  of  the  City 
Treasurer,  and  to  that  end  he  is  hereby  authorized,  empow- 
ered and  directed,  to  collect  the  semi-annual  interest  of  each 
of  such  manuscript  bonds  as  the  same  may  become  due  and 
payable,  and  to  place  the  same  to  the  credit  of  the  sinking 
-  funds  of  the  respective  issues  of  bonds  in  which  such  manu- 
script bond  or  bonds  shall  have  been  substituted. 

Art.  139.  All  manuscript  bonds  issued  under  the  provis- 
ions of  this  Ordinance  shall  also  have  stamped  or  written 
across  the  face  thereof  that  they  are  non-negotiable  and  be- 
long to  such  sinking  funds. 

Art.  140.  Whenever  one  or  more  manuscript  bonds  shall 
be  issued  under  the  provisions  of  this  ordinance  and  delivered 

104 


CITY   OF   GALVESTON.  AUT.  141-142. 

to  the  City  Treasurer,  it  shall  be,  and  is  hereby  made  the  duty 
of  the  Commissioner  of  Finance  and  Revenue,  acting  together 
with  the  Aviditor  and  the  City  Treasurer,  at  a  time  and  place 
to  be  designated  by  the  Commissioner  of  Finance  and  Reve- 
nue, to  burn  and  destroy  the  original  bonds  in  the  respective 
sinking  funds  for  which  such  manuscript  bond  or  bonds  shall 
have  been  issued  and  substituted,  and  whenever  and  as  often 
as  any  such  bonds  are  destroyed  by  burning,  the  same  shall 
be  done  in  the  presence  of  and  with  the  consent  of  all  the 
officers  aforesaid,  and  a  full  report  thereof  shall  be  made  to 
the  next  meeting  of  the  board  for  its  approval. 

Art.  141.  That  when  all  of  the  bonds  now  held  in  trust 
in  said  sinking  funds  of  this  City  shall  have  been  taken  up  and 
manuscript  bonds  issued  and  delivered  in  lieu  thereof,  it  shall 
thereafter,  whenever  b}^  the  accumulation  of  bonds  in  any 
one  of  said  sinking  funds  the  same  shall  amount  to  or  exceed 
the  sum  of  twenty-five  thousand  dollars  ($25,000),  be  the 
duty  of  the  Commissioner  of  Finance  and  Revenue  to  pro- 
ceed, as  directed  by  this  ordinance,  to  have  executed  and  deliv- 
ered a  manuscript  bond  to  take  up  the  additional  accumulation 
of  bonds  in  such  sinkinof  fund. 


TITLE  IV, 


CHAPTER  ONE. 

HARBOR    MASTER,   PORT    RULES    AND    REGULATIONS. 

Art.  142,  Xo  vessel  or  steamer  coming  into  the  harbor  of 
Galveston  shall  be  allowed  to  lay  in  the  stream,  in  front  of  the 
wharves,  north,  for  a  longer  time  than  twenty-four  hours  pre- 
paratory to  haviling  into  a  berth  at  the  wharves;  and  that  no 
vessel  preparing  to  go  to  sea  shall  be  allowed  to  lay  in  the 
stream  in  front  of  the  wharves,  for  a  longer  time  than  twenty- 
four  hours  after  leaving  her  berth  at  the  wharf. 

105 


Art.  143-150.       revised  ordinances  of  the 

Art.  143.  All  vessels  lying  in  the  stream  shall  keep  their 
small  boats  hauled  up  alongside,  or  hoisted  up  to  the  davits, 
and  during-  the  night  shall  show  a  proper  light. 

Art.  144.  All  vessels  hauling  into  the  wharves  shall  have 
their  yards  topped,  anchor  flukes  taken  inboard  or  stoppered 
at  the  hause  pipes,  cables  bent  and  clear  with  ten  fathoms  range 
of  chain  overhauled,  jib  and  flying  jib-booms  rigged  in,  stern 
and  quarter  davits  and  bumpkins  turned  in  or  unshipped,  and 
that  all  vessels  of  seventy-five  tons  and  upwards,  on  arriving 
in  the  stream  at  the  port  of  ("jalveston,  shall,  before  hauling 
into  berth,  and  within  twenty-four  hours  after  such  arrival, 
report  at  the  harbor  master's  office  and  book  for  berth. 

Art.  145.  No  vessel  propelled  by  steam  within  the  harbor 
of  Galveston  shall  pass  within  one  hundred  feet  of  any  wharf 
at  a  greater  speed  than  at  the  rate  of  five  miles  an  hour.  The 
master,  pilot  and  engineer  of  any  vessels  violating  the  ])ro- 
visions  of  this  act  shall  severally  be  punished  by  a  fine  not 
exceeding  one   hundred   dollars. 

Art.  14().  No  steamship  or  any  other  vessel  shall  be  al- 
lowed, while  anchored  in  the  stream  in  front  of  the  wharves, 
between  lines  running  north  from  the  shore  at  the  foot  of 
Forty-first  street  across  the  channel  in  the  west,  and  from  the 
foot  of  Ninth  street  in  the  east,  to  receive  or  deliver  ballast 
or  any  cargo  of  any  description,  excei)t  as  may  be  hereafter 
provided. 

Art.  147.  All  vessels,  steamers  and  barges  shall  keep  a 
good  and  proper  ship-keeper  at  all  times  on  board. 

Art.  148.  Any  master  or  agent  of  any  vessel  or  vessels 
violating  any  of  either  of  the  preceding  articles  of  this  chapter, 
shall,  for  each  and  every  ofifense,  on  due  conviction  thereof, 
be  fined  in  the  sum  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

Art.  141).  It  is  made  the  special  duty  of  the  harl)or  master 
to  carry  out  the  foregoing  rules  and  regulations. 

Art.  1.50.  No  person  shall  bring  into  the  harbor  of  the 
city  of  Galveston,  nor  shall  leave  there,  the  wreck  of  any  ship 
or  vessel,  whereby  such  portion  of  the  harbor  may  be  occupied, 
and  the  entrance  or  departure  of  any  craft  hereby  be  incom- 
moded,  under   the    penalty   of   twenty-five    dollars    for    everv 

106 


CITY   OF   GALVESTOX.  AET.   151-152. 

such  oliensc,  and  the  further  i)eualt}'  of  ten  dollars  for  every 
day,  or  part  of  said  day,  the  wreck  of  said  vessel  or  ship  may 
continue  there,  after  being  duly  notified  of  the  same  by  the 
harbor  master  of  the  city  of  Galveston. 

Art.  151.  Xo  person  shall  cast  or  deposit,  or  svilTer  to  be 
cast  or  deposited,  in  the  harbor  of  said  city,  any  stone,  gravel, 
earth,  ashes  or  other  like  substances,  or  any  filth,  logs  or  like 
iloating  things,  or  create  any  obstruction  therein,  under  a 
penalty  of  a  fine  of  not  more  than  twenty-five  nor  less  than 
ten  dollars  for  each  and  every  offense. 

Art.  15"2.  Said  harbor  master  shall  have  power  to  regulate 
and  station  all  ships  or  other  vessels  in  the  harbor,  within  the 
port  and  corporate  limits  of  the  city  of  Galveston,  and  at  the 
wharves  thereof,  or  moored  or  anchored  near  thereto  and  in 
such  proximity  to  other  shipping  as  to  aft'ect  the  same  in  case 
of  fires,  or  in  the  loading  and  unloading  of  their  cargoes  or 
ballast,  and  also  to  remove  from  time  to  time  any  and  all  such 
ships  or  other  vessels  from  one  place  to  another,  whenever 
he  shall  deem  it  necessary  to  afford  a  more  general  accom- 
modation to  the  shipping  in  the  harbor  within  said  corporate 
limits ;  and  if  an}'  master  or  other  person  having  charge  of  said 
ship  or  other  vessels,  within  said  harbor  and  corporate  limits, 
and  any  master  or  other  person  having  charge  of  said  ship 
or  other  vessel  within  said  harbor  and  cor],>oiate  limits 
shall  refuse  or  neglect  to  remove  or  regulate  the  same,  after 
having  been  notified  to  do  so  by  said  harbor  master,  then  said 
harbor  master  shall  have  the  power  and  authority  to  go 
aboard  said  ship  or  vessel,  with  such  assistance  as  he  may 
think  necessary,  and  remove  or  otherwise  regulate  the  same 
to  such  point  or  in  such  manner  as  he  mzy  i;hlnk  just 
and  proper  for  the  better  accommodation  of  other  shipping  in 
said  port;  and,  moreover,  said  master  or  other  person  in 
charge  of  said  ship  or  vessel,  who  shall  refuse  to  obey  the 
directions  of  said  harbor  master,  shall,  for  each  and  everv 
refusal,  on  due  conviction  thereof  before  the  recorder,  be  fined 
in  a  sum  not  less  than  ten  nor  more  than  fifty  dollars,  and  said 
master  or  other  person  shall,  moreover,  be  liable  for  all  ex- 
penses incurred  b}'  said  harbor  master  in  his  removal  of  said 
ships    or    other    vessels    as    is    hereinbefore    provided,    which 

107 


Art.  153-155.      revised  ordinances  of  the 

amount  may  be  sued  for  and  recovered  for  the  use  of  the  city 
beforc  any  court  of  competent  jurisdiction.  And  any  other 
person,  affecting  or  claiming  to  control  any  such  ship  or  other 
vessel,  shall  be  subject  to  the  same  fine  for  refusing  and  neg- 
lecting to  obey  the  directions  of  the  harbor  master  as  afore- 
said. 

Art.  153.  It  shall  be  the  duty  of  said  harbor  master  to 
superintend  and  enforce  the  execution  of  all  by-laws  and  ordi- 
nances regulating  the  clearing  of  the  docks,  and  prevent  and 
remove  all  nuisances  about  them;  and  if  the  person  or  per- 
sons whose  duty  it  shall  be  to  remove  such  nuisance  shall 
refuse  or  neglect  to  remove  the  same  within  twenty-four  hours 
after  having  been  notified  to  do  so  by  the  harbor  master,  such 
person  or  persons  so  refusing  or  neglecting  shall  forfeit  and 
pay  a  fine  of  not  less  than  five  nor  more  than  fifty  dollars,  and 
shall  be  liable  besides  for  all  expenses  incurred  in  the  removal 
thereof,  to  be  sued  for  and  recovered  for  the  use  of  the  city 
before  the  president  or  any  court  of  competent  jurisdiction. 

Art.  154.  No  vessel  shall  be  allowed  to  moor  within  a 
cable  length  of  any  wharf,  and  no  vessel  whatever  between  the 
wharves  of  said  city  and  outer  bar  shall  throw  overboard  any 
stone  or  other  ballast  below  high  water  mark,  and  all  ballast 
shall  be  landed  fairly  on  the  shore,  and  at  the  time  of 
landing  or  discharging  care  must  be  taken  not  to  drop  any 
part  thereof  overboard,  nor  shall  any  ballast  be  unloaded  at 
night;  that  no  pitch,  tar  or  other  combustibles  shall  be  heated 
on  board  of  any  vessel,  but  such  heating  must  be  done  on 
stages  or  boats,  removable  in  case  of  accident. 

Art.  155.  It  shall  be  unlawful  for  any  steam  car  or  other 
vehicle  used  for  the  conveyance  of  freight,  containing  more 
than  one-half  ton  of  gun  or  other  explosive  powder,  to  be 
brought  into  or  unloaded  in  the  city  east  of  Twenty-ninth 
street;  and  it  shall  be  unlawful  for  any  such  car  or  vehicle  to 
receive  or  be  loaded  with  more  than  one-half  ton  of  such  pow- 
der in  said  city  east  of  said  Twenty-ninth  street ;  and  it  shall  be 
further  unlawful  for  any  vessel  or  steamer,  loaded  with  or  con- 
taining such  gun  or  other  explosive  powder  to  land  at  any 
wharf  of  said  city  until  the  same  is  discharged.  Upon  the  ar- 
rival of  any  vessel  or  steamer  having  on  board  such  powder,  it 

108 


CITY   OF   GALVESTON.  AUT.   156. 

shall  be  the  duty  of  the  master  of  the  same  to  hoist  a  red  flajj  in 
the  rigging  and  keep  said  flag  hoisted  during  the  time  of  dis- 
charging the  same,  and  said  vessel  or  steamer  shall  be  an- 
chored in  the  stream  west  of  Twenty-ninth  street,  until  such 
powder  she  may  have  on  board  has  been  discharged  under  the 
following  regulations,  viz : 

1st.  Any  vessel  or  steamer  containing  gun  or  other  ex- 
plosive powder  shall  discharge  the  same  upon  the  dock  west 
of  Twenty-ninth  street,  by  small  boats  or  lighters,  and 
that  it  shall  be  the  duty  of  the  consignee  to  remove  the  same 
as  fast  as  it  may  be  landed ;  that  vessels  containing  or  having 
on  board  less  than  one-half  ton  of  such  powder  shall  be  ex- 
empt from  the  provisions  hereof. 

3d.  That  said  boats  or  lighters  shall  bring  ashore  not  more 
than  one  ton  of  such  powder  at  one  time,  and  upon  the  removal 
of  said  ton  from  the  dock  or  wharf  by  the  consignee,  said 
baat  or  lighter  may  bring  another  load,  and  so  continue  until 
the  entire  cargo  is  discharged,  and  under  no  circumstances  or 
conditions  shall  any  vessel  land  or  make  fast  to  the  said  docks 
or  wharves  until  the  foregoing  provisions  have  been  complied 
with ;  and  it  shall  further  be  unlawful  for  any  person  or  per- 
sons to  receive  on  board,  or  cause  to  be  received  or  loaded, 
any  such  gun  or  other  explosive  powder  in  a  larger  quantity 
than  one-half  of  a  ton  upon  or  into  any  vessel  or  steamer  lying 
in  Galveston  bay,  at,  in  front  of  or  north  of  any  of  the  wharves 
in  said  city ;  provided,  however,  that  west  of  Thirty-third 
street  such  powder  may  be  received  and  loaded  upon  any  ves- 
sel or  steamer  bv  small  boats  and  lighters,  and  in  such  quanti- 
ties and  in  the  same  manner  as  is  herein  provided  for  unload- 
ing and  discharging  same.  But  under  no  condition  shall  any 
vessel  or  steamer  receive  or  be  loaded  with  such  powder  of  the 
quantity  aforesaid  at  any  of  the  wharves  of  said  city. 

3rd.  Any  breach  of  the  two  preceding  articles  shall  and 
does  hereby  subject  the  master  of  any  ship,  vessel  or  other 
craft  or  any  person  whatsoever  so  offending,  to  a  fine  ot  not 
less  than  twenty,  nor  more  than  one  hundred  dollars,  for 
each  offense  or  breach  aforesaid. 

Art.  156.  It  shall  be  the  duty  of  every  and  all  consignees, 
or  shippers,  or  the  agent  or  agents  thereof,  to  remove  from 

109 


Art.  157-160.      eevisicd  ordinances  of  the 

the  wharves  and  levees  of  the  city  of  Galveston,  all  goods,' 
wares  and  merchandise,  and  property  of  every  character 
whatever,  and  shipped  to  or  by  them,  within  twenty-four 
hours  after  notice  or  knowledge  that  the  same  has  been  landed 
or  placed  upon  said  wharves  and  levees.  Any  person  or  per- 
sons violating  this  article  shall,  after  due  conviction  thereof, 
be  fined  in  a  sum  of  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars.  That  it  shall  be  the  duty  of  the  harbor 
master  of  said  city  to  see  that  the  provisions  of  this  article 
are  strictl}^  complied  with,  and  he  shall  have  all  persons  vio- 
lating the  same  arrested  and  brought  before  the  recorder  of 
said  city  for  trial. 

CHAPTER   TWO. 

PORT    WARDENS. 

Art.  157.  There  shall  be  appointed  three  port  wardens, 
who  shall  hold  their  offices  for  two  years,  and  until  their  suc- 
cessors shall  have  qualified. 

Art.  158.  It  shall  be  the  duty  of  the  port  wardens  of  this 
port  to  attend  promptly  to  all  cases  of  surveys  of  vessels  in 
distress,  wrecked,  or  partially  wrecked ;  to  surve_\-  liatches, 
storage,  vessels,  partially  or  wholly  wrecked,  and.  for  the  se- 
curity of  the  parties  concerned,  to  make  return  to  the  office 
of  the  port  wardens  of  all  such  surveys,  estimates  of  damage, 
estimates  of  the  cost  of  repairs,  and  of  all  matters  pertinent 
to  the  subject,  needful  to  protect  the  rights  of  all  parties  in 
interest,  that  a  record  of  the  same  may  be  made. 

Art.  159.  To  discountenance  the  practice  of  many  ship- 
masters of  breaking  bulk  after  the  arrival  at  this  port  from  for- 
eign port  without  calling  a  port  warden's  survey  of  hatches,  it 
shall  be  the  duty  of  port  w^ardens  to  refuse  to  survey  the 
storage  of  goods  found  damaged  on  the  voyage  of  importation 
on  board  of  any  such  ship  or  vessel  which  shall  have  broken 
bulk  without  having  previously  called  a  port  warden  for  a 
survey  of  hatches. 

Art.  160.  l^^or  the  services  of  port  wardens,  the  following 
sums  may  be  charged  and  collected  to  their  use,  and  which 
shall  be  divided  equally  between  them,  to-wit:     For  a  hatch 

110 


OITY    OF   GALYESTOX.  AKT.   161-164. 

survey,  including  storage  survey  on  goods  at  the  same  visit, 
live  dollars ;  for  storage  survey  on  goods  for  each  visit,  when 
called  upoii  by  the  master  or  agent  of  a  vessel,  two  dollars  ; 
for  a  ship  survey,  over  all  above  water,  ten  dollars;  for  a  hull 
survey,  after  heaving  out.  ten  dollars ;  for  estimate  of  damage 
and  the  cost  of  repairs,  and  for  original  copies  in  duplicate 
thereof,  notarial  fees  for  writing  instruments,  to-wit :  twenty- 
five  cents  for  every  hundred  words ;  for  every  second  copy  of 
papers,  fifty  cents  for  every  page  of  writing  certified. 

Art.  16L  In  all  cases  of  ship  or  hull  surveys,  and  of  sur- 
veys of  goods  exceeding  five  packages,  at  least  two  of  the 
port  wardens  shall  give  their  personal  attendance;  and  upon 
all  surveys  out  of  the  limits  of  the  city  of  Galveston,  the  ex- 
penses of  travel,  in  going  to  and  returning  from  the  place, 
actually  paid,  may  be  charged  for. 

Art.  1G"2.  For  all  abuses  of  power  and  authority,  and  for 
all  misconduct  in  the  discharge  of  the  duties  of  the  office,  the 
said  port  wardens,  or  either  of  them,  upon  complaint  made, 
shaH  be  liable  to  he  punislicij  by  reiuovcd  from  office. 

CHAPTER  THREE. 

WHARVES. 

Art.  1  (');>.  It  shall  not  be  lawful  for  any  dray.  cart,  wagon 
or  coach,  or  anv  other  A'ehicle  for  transportation  of  persons, 
produce,  merchandise,  eft'ects.  or  any  other  objects  whatever, 
or  au}^  person  on  horseback,  to  drive  or  ride  on  any  of  the 
wharves  of  this  city  faster  than  a  walk  ;  and  any  person  so 
offending  shall  pay  a  fine  of  not  less  than  three  nor  more  than 
ten  dollars. 

Art.  KU.  It  shall  not  be  lawful  for  any  person  or  company 
to  extend,  or  cause  to  be  extended,  an}-  wharf  leading  to  the 
channel  in  frc:)nt  of  the  city,  beyond  a  depth  of  Avater  twelve 
feet  at  ordinary  low  tide,  under  a  penalty  of  tMie  hundred  dol- 
lars for  every  day  such  obstruction  shall  remain,  to  be  re- 
covered as  in  cases  of  other  fines,  and  a  like  penalty  shall  be 
imposed  for  the  extending  of  any  wdiarf  now  erected,  or  that 
hereafter  may  be  erected,  a  greater  distance  into  the  channel, 
when,  from  any  cause,  the  water  at  the  end  thereof  shall  be 

111 


Art.  165-167.      revised  ordinances  of  the 

« 
reduced  to  a  less  depth  than  twelve  feet,  but  in  such  case  it 
shall  be  the  duty  of  the  owner  or  owners  of  such  wharf  to 
cause  the  water  in  front  of  the  same  to  be  deepened  by  re- 
moving the  deposits  from  the  bottom. 

Art.  165.  It  shall  be  unlawful  for  any  master  of  a  vessel, 
stevedore,  or  other  person  handling  freight  on  the  wharves 
of  the  city,  or  unloading  freight  from  vessels  onto  the  wharves 
in  the  city,  to  pile  freight  on  the  said  wharves  in  greater 
quantities  than  is  permitted  by  the  following  rules,  to-wit : 

Salt  in  sacks  is  allowed  four  tiers  high. 

Railroad  iron,  heavy,  is  allowed  two  tiers  high. 

Railroad  iron,  light,  is  allowed  three  tiers  high. 

Brick  on  flat  is  allowed  eight  tiers  high. 

Brick  on  edge  is  allowed  six  tiers  high. 

Tin  plate  in  boxes  is. allowed  two  tiers  high. 

Vessels  will  be  held  responsible  for  damages  caused  by  a 
violation  of  these  rules. 

Any  person  who  shall  violate  the  provisions  of  this  chapter 
shall,  on  conviction,  be  fined  fifty  dollars,  and  it  shall  be  the 
duty  of  the  harbor  master  to  enforce  this  ordinance. 

Art.  16G.  All  persons  loitering  about  or  entering  any  grain 
cars  or  other  cars,  on  the  wharf  tracks  or  railway  tracks  north 
of  Avenue  A  in  the  city  of  Galveston,  for  any  purpose  whatso- 
ever, unless  employed  or  riulhorized  by  +he  railwa\  companies, 
elevator  company  or  companies  or  some  other  person  having 
authority  over  the  same  shall  be  deemed  offenders  and  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  five  and  not  more  than  twenty-five  dollars. 

Art.  1G7.  It  shall  not  be  lawful  for  any  person  to  take, 
receive  or  carry  away  any  corn,  grain  or  other  produce  from 
any  grain  car,  or  other  car,  loaded  or  unloaded,  standing  upon 
any  of  the  tracks  on  said  wharf  frontage  north  of  Avenue  A; 
nor  shall  it  be  lawful  for  any  person  or  persons  to  sell  or  dis- 
pose of,  in  any  manner,  any  such  corn,  grain  or  other  pro- 
produce,  in  any  quantities,  so  taken  or  received  from  such 
cars.  Any  person  so  taking,  receiving  or  carrying  away  any 
corn,  grain  or  other  produce  from  said  cars,  unless  by  au- 
thority of  the  railway  companies,  elevator  companies,  or 
the  owners  thereof,  or  other  party  or  parties  cliarged  with  the 

112 


CITY   OF   GALVESTON.  AET.  168-170. 

handling  or  protection  of  such  grain  cars,  shall  be  deemed 
guilty  of  a  violation  of  this  ordinance,  and,  upon  conviction 
thereof  before  the  recorder,  shall  be  fined  in  a  sum  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars. 

Art.  168.  Any  person,  firm  or  corporation,  buying,  re- 
ceiving or  handling  any  grain,  corn  or  other  produce,  from 
any  person  or  persons,  who  have  acquired  the  same  in  the 
manner  prohibited  in  the  preceding  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof  before 
the  recorder,  shall  be  fined  in  a  sum  not  less  than  twenty- 
five  dollars  nor  more  than  fifty  dollars ;  and  the  receiving, 
handling,  buying  or  taking  of  said  grain  by  any  person,  firm 
or  corporation,  without  proof  that  .the  same  was  purchased 
from  some  person  or  corporation  authorized  and  duly  licensed 
to  sell  the  same  in  the  city  of  Galveston,  shall  be  taken  as 
prima  facie  evidence  of  the  violation  of  this  section. 

Art.  169.  Where  any  of  the  property  mentioned  in  the 
foregoing  articles  is  obtained  in  such  a  manner  as  to  come 
within  the  meaning  of  theft  or  the  receiving  of  stolen  property, 
or  some  other  ofifense  known  to  the  penal  laws  of  this  State, 
or  the  ordinances  of  the  city,  the  rules  herein  prescribed  shall 
not  be  understood  to  conflict  with  or  to  take  any  such  case 
out  of  the  operation  of  the  law  which  defines  and  punishes 
such  offense. 


TITLE  V. 


CHAPTER  ONE. 

HEALTH    PHYSICIAN. 

Art.  170.  It  shall  not  be  lawful  for  any  person  to  establish 
or  keep  any  hospital  or  other  like  place  for  the  reception  or 
accommodation  of  any  sick  or  diseased  persons  at  any  point 
within  the  corporate  limits  of  the  city  of  Galveston,  between 

113 


Art.  171-174.      revised  ordinances  of  the 

Xinth  street  and  the  western  boundary  of  the  city  ;  and  any 
person  who  shall  violate  the  provisions  of  this  article  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars  for 
each  and  every  sick  or  diseased  person  received  or  accom- 
modated at  such  hospital  or  other  like  place. 

Art.  171.  It  shall  be  the  duty  of  the  health  physician, 
ou  the  complaint  of  any  citizen,  to  cause  an}^  such  sick  or 
diseased  person,  or  persons,  to  be  removed  from  any  such 
unlawfully  established  hospital,  or  other  like  place,  to  a  hos- 
pital for  city  patients. 

Art.  172.  That  the  health  physician  shall  examine  all  per- 
sons applying  for  hospital  relief  and  shall,  at  his  discretion, 
grant  permits  to  enter  the  same,  or  to  secure  relief  there- 
from as  "our  patients." 

Art.  17;3.  The  health  physician  shall  have  power  to  take 
such  measures  as  he  may  deem  eiTectual  to  prevent  the  en- 
trance of  any  pestilential,  contagious  or  infectious  diseases 
into  the  city;  to  stop,  detain  and  examine  for  that  purpose 
any  person  coming  from  any  place  infected  or  believed  to 
be  infected  with  such  disease ;  to  establish  and  regulate  pest- 
houses,  at  some  place  within  the  city^  or  not  exceeding  five 
miles  be3'ond  its  bounds ;  to  cause  any  person  who  shall  be 
suspected  of  being  infected  with  any  such  disease  to  be  sent 
to  said  pest-house ;  to  remove  from  the  city  or  destroy  any 
furniture,  wearing  apparel  or  property  of  any  kind  which  shall 
be  suspected  of  being  tainted  or  infected  with  pestilence,  or 
which  shall  be  likely  to  pass  into  such  a  state  as  to  generate 
.or  propagate  disease. 

Art.  174.  That  the  captain,  master  or  person  in  charge 
of  any  boat,  steamboat,  steamship  or  other  craft  or  vessel  which 
shall  enter  the  city,  having  on  board  any  person  sick  with  ma- 
lignant fever,  or  other  pestilential,  contagious  or  infectious  dis- 
ease, shall  be  guilty  of  a  breach  of  this  article,  unless  the  person 
so  diseased  became  so  on  the  way,  and  could  not  be  left. 
It  shall  be  the  duty  of  such  captain,  master  or  person  in 
charge,  within  three  hours  after  his  arrival,  to  report,  in 
writing,  to  the  health  physician,  the  fact  of  such  sick  person 
being  on  board,  and  the  name,  description  and  location  of 
his  craft,  and  he  shall  not   permit  such   sick   person   to  land 

114 


CITY   OF   GALVESTON.  ART.   175-178. 

or  be  landed,  or  to  communicate  with  the  shore  in  any  way, 
until  the  health  physician  shall  give  permission  for  that  pur- 
pose. 

Art.  IT").  That  the  owmer,  driver,  conductor  or  person 
in  charge  of  any  stage,  railroad  car  or  public  conveyance 
which  shall  enter  the  city  having  on  board  any  person  sick 
of  a  malignant  fever  or  pestilential,  infectious  or  contagious 
disease,  unless  such  person  became  sick  on  the  way  and  could 
not  be  left,  shall  be  deemed  guilt}'  of  a  breach  of  this  ordi- 
nance. Such  owner,  driver,  conductor  or  person  in  charge 
shall,  within  three  hours  after  the  arrival  of  such  sick  person, 
report,  in  writing,  the  facts,  with  the  name  of  such  person, 
and  the  house  where  he  was  put  down  in  the  city,  to  the 
health  physician. 

Art.  176.  That  any  person  who  shall  bring,  or  cause  to 
be  brought,  into  the  city  any  person  or  property  of  any  kind 
tainted  or  infected  with  malignant  fever  or  any  pestilential 
or  infectious  disease,  shall  be  guilty  of  a  breach  of  this  chapter. 

Art.  177.  That  the  health  physician  shall  have  power,  by 
an  order  in  writing  for  that,  purpose,  to  be  served  on  the 
master,  captain  or  person  in  charge  of  any  boat,  steamboat, 
steamship  or  other  ship,  vessel  or  craft,  that  may  be  by  him 
suspected  to  have  on  board  any  infected  or  diseased  property 
or  person,  to  recjuire  such  boat,  steamboat,  steamship,  ship, 
vessel  or  other  craft,  not  to  enter  within  the  city  limits  or 
harbor,  or  to  remove  to  some  certain  distance  not  less  than 
two  miles  from  the  city,  and  every  such  master,  captain  or 
person  in  charge,  consignee  or  owner,  who  shall  be  served 
with  such  order,  shall  be  guilty  of  a  breach  of  this  article,  if 
such  boat,  steamboat,  steamship,  vessel  or  other  craft  shall 
enter  the  harbor  or  city  in  violation  of  such  order,  or  shall 
not  be  removed  according  to  the  tenor  of  such  order,  within 
reasonable  time  after  the  service  of  such  notice. 

Art.  178.  That  every  keeper  of  any  inn,  hotel,  tavern, 
boarding  or  lodging  house,  in  the  city,  who  shall  have  in  his 
house  at  any  time  between  the  first  day  of  June  and  the  first 
day  of  December,  any  sick  guest,  traveler,  sailor,  or  other 
person,  shall  report  the  fact  and  name  of  the  person  in  writ- 
ing,  within  six  hours  after  he  came  to  the  house  or  was  taken 

115 


Art.  179-180.      revised  ordinances  of  the 

sick  therein,  to  the  health  ph3^sician.  Every  physician  in 
the  city  shall  report,  under  his  hand,  to  the  officer  above 
named,  the  name,  residence  and  disease  of  every  patient  whom 
he  shall  have  sick  of  any  malignant  fever  or  infectious  or 
pestilential  disease,  within  six  hours  after  he  shall  have  visited 
such  patient.  A  violation  of  either  of  the  provisions  of  this 
article,  or  any  part  of  either  of  them,  shall  be  deemed  to  be 
a  breach  of  this  article. 

Art.  179.  In  order  to  effect  the  abatement  of  nuisances  or 
removal  of  accumulated  filth,  the  health  physician  shall  have 
power,  whenever  in  his  opinion  such  nuisance  or  filth  exists, 
and  is,  or  is  likely  to  become,  detrimental  to  the  public  health, 
after  officially  so  declared  by  him,  to  notify  in  writing, 
through  its  officers,  the  owner,  agent,  lessee,  or  tenant  thereof 
to  abate  or  remove  the  same,  either  by  filling  up,  draining, 
cleansing,  purifying  or  removing  the  same,  as  the  case  may  be. 

Art.  180.  If  the  person  who  shall  have  been  served  with 
such  notice  shall  fail  within  the  time  indicated  in  the  notice 
to  comply  with  such  order  of  the  health  physician,  or  fail 
to  show  good  cause  why  he  can  not  or  ought  not  to  comply 
with  such  order,  for  which  purpose  he  shall  be  entitled  to  be 
heard  before  the  board  of  commissioners,  if  he  so  requests 
it,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  fined  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars,  with  an  additional  fine  of  not  less  than 
five  nor  more  than  fifty  dollars  imposed  for  each  and  every 
day  that  the  person  or  persons  thus  convicted  shall,  after 
conviction  and  due  notice  thereof,  fail  or  refuse  to  abate  or 
use  due  diligence  in  the  work  of  abating  such  nuisance ;  and 
if  such  service  can  not  be  made,  for  the  reason  that  the  owner, 
agent,  lessee  or  tenant  of  the  property  upon  which  the 
nuisance  may  exist  can  not  be  found  in  the  city,  of  which  fact 
the  return  upon  such  notice  of  the  officer  serving  the  same 
shall  be  conclusive  evidence,  then  the  board  shall  cause  such 
notice  to  be  published  in  the  newspaper  doing  the  city  print- 
ing for  five  consecutive  days  (Sundays  excepted),  and  if 
within  five  days  after  such  service  of  notice,  or  after  its 
publication  as  aforesaid,  such  nuisance  shall  not  be  abated 
or  the  order  observed,  then  the  board  shall  order  said  nuisance 

116 


CITY   OF   GALVESTON.  ART.   181. 

to  be  abated,  either  by  filling  up,  draining,  cleaning,  purifying 
or  removing  the  same,  as  the  case  may  be,  under  the  super- 
vision of  the  city  engineer.  The  board  of  commissioners, 
before  ordering  said  nuisance  to  be  abated,  shall,  for  the  pur- 
pose of  acquirmg  the  most  reliable  information  practicable 
of  the  probable  cost  of  said  work,  cause  an  estimate  to  be 
made  of  said  probable  cost  by  the  city  engineer,  and  said 
engineer  shall  also  report  a  full  list  of  all  lots  or  fraction 
of  a  lot,  with  the  number  of  blocks  on  which  such  nuisance 
is  situated,  and  the  names  of  the  owners  thereof,  and  such 
other  information  as  may  be  required  by  the  board  of  com- 
missioners, and  if  there  be  any  lot  or  fractional  lot  the  owner 
whereof  is  not  known,  the  same  shall  be  entered  on  said  list 
as  "unknown,"  and  said  engineer  shall  enter  in  said  list 
opposite  each  lot  or  fractional  lot  the  estimated  cost  of  the 
work  to  be  done  on  the  same ;  and  when  the  said  work  is 
ordered  by  the  board  of  commissioners,  and  shall  have  been 
completed,  the  board  of  commissioners  shall  cause  an  ac- 
curate report  of  the  cost  thereof  to  be  made  by  said  engineer, 
stating  the  cost  of  the  work  done  on  each  lot  or  fractional 
lot,  and  upon  the  acceptance  and  approval  of  said  report  and 
list  by  the  board  of  commissioners,  said  amounts  shall  be 
imposed,  levied  and  assessed  by  the  city  council  on  said  lots 
or  fractional  lots  respectively,  and  collected  by  the  collector 
and  shall  be  a  first  privileged  lien  upon  the  property  until 
paid.  Said  assessment  shall  bear  interest  at  the  rate  of  six 
per  cent,  per  annum  from  the  date  of  assessment  until  paid. 
For  any  such  assessment  and  interest  as  aforesaid,  the  board 
may  cause  suit  to  be  instituted  and  recovery  had  in  the  name 
of  the  city  in  any  court  having  jurisdiction,  and  the  report 
of  the  engineer  of  the  cost  of  said  work,  together  with  the 
proceedings  of  the  city  council  making  said  levy  and  as- 
sessment, or  a  copy  thereof  duh^  certified  by  the  secretary, 
shall  be  full  proof  and  satisfactory  evidence  for  the  recovery 
of  judgment  for  said  assessment  and  interest. 

Art.  181.  The  board  shall  cause  all  premises  to  be  in- 
spected, and  tlie  lot  or  lots  to  be  filled  up  to  the  grade  estab- 
lished by  the  board;  and  they  shall  have  authority  to  regulate 
the  making,  filling  up,  altering  or  repairing  of  all  sinks  and 

117 


Art.  182-184.      bp^vised  ordinances  of  the 

privies,  and  directing  the  mode  and  material  of  constructing 
them  in  future,  and  for  cleansing  and  disinfecting  the  same, 
and  for  cleansing  and  disinfecting  any  house,  building,  es- 
tablishment, lot,  yard  or  ground  from  filth,  carrion,  or  impure 
or  unwholesome  matter  of  any  kind,  and  no  animal  or  vege- 
table substance,  nor  sweepings,  nor  scrapings,  muck  or  silt, 
nor  dirt  gathered  in  cleaning  yards,  buildings,  wharves  or 
ships,  nor  waste  of  mills  or  factories,  nor  any  materials  which 
are  offensive  or  tend  by  decay  to  become  putrid  or  to  render 
the  atmosphere  impure  or  unwholesome,  shall  be  deposited 
or  used  to  fill  up  or  raise  the  surface  or  level  of  any  lot, 
grounds,  street,  alley,  wharf  or  low  place,  or  any  ground  filled 
for  the  purpose  of  building  thereon,  unless  pursuant  to  a 
special  permit  from  the  board  of  commissioners,  or  under  its 
authority. 

Art.  182.  That  the  health  physician  may  be  authorized  by 
the  board  of  commissioners,  when  the  public  interest  requires, 
to  exercise,  for  the  time  being,  such  of  the  powers  and  per- 
form such  of  the  duties  of  chief  of  police  as  the  board  of 
commissioners  may  in  their  discretion  direct:  shall  be  author- 
ized to  enter  all  houses  and  other  ]:)laces,  private  or  public, 
any  boats  or  other  water  craft,  at  all  times,  in  the  discharge 
of  his  duties  tmder  this  article,  having  first  asked  permis- 
sion of  the  owners  or  occupants  thereof. 

Art.  183.  That  the  health  physician  shall  have  the  power 
to  abate,  or  cause  to  be  abated,  all  nuisances  which  may 
injure  or  affect  the  health  or  comfort  of  the  community  or 
any  individual  thereof,  and  to  do  all  acts  and  make  all  regu- 
lations which  may  be  necessary  or  expedient  for  the  pro- 
motion of  health  or  the  suppression  of  disease. 

Art.  184.  Every  person  who  shall  sell,  or  oft'er  or  expose 
for  sale  in  the  markets  or  elsewhere  in  the  city,  unwhole- 
some, stale,  emaciated,  blown,  stuff'ed,  tainted  or  measly  meat, 
poultry,  fish,  flesh  or  provisions  of  any  kind,  or  any  stale,  un- 
ripe, green  rotten  or  unwholesome  vegetables,  fruits,  garden 
produce  or  fruit  of  any  kind,  shall  be  punished  by  a  fine  of  not 
less  than  twenty  nor  more  than  one  hundred  dollars  for  each 
and  every  offense.  It  shall  be  the  duty  of  the  officers  of  the 
police,  and  of  the  health   inspectors,  and  of  each   and  every 

118 


CITY   OF    GALVESTON.  ArT.  185-189. 

one  of  them,  to  seize  such  articles  of  fish,  flesh,  poultry, 
vegetables,  fruits,  provisions  or  food  when  discovered,  and 
throw  the  same  into  the  garbage  cart.  And  it  shall  also  be 
the  duty  of  each  of  said  officers  to  make  a  complaint  of  every 
violation  of  this  ordinance  and  procure  the  issuance  of  war- 
rants against  all  persons  so  ofifending,  that  such  persons  may 
be  arrested  and  brought  before  the  recorder's  court  for  trial 
therefor. 

Art.  185.  That  the  owner  or  occupant  of  any  grocery,  soap, 
tallow  or  chandlery  establishment,  or  blacksmith  shop,  tan- 
nery, stable,  slaughter  house,  distillery,  brewery,  sewer,  privy 
or  other  unwholesome  or  nauseous  house  or  place,  shall 
cleanse,  remove  or  abate  the  same,  as  the  health  physician 
may  deem  necessary  for  the  health,  comfort  and  convenience 
of  the  inhabitants. 

Art.  186.  That  the  health  physician  is  hereby  charged 
with  the  duty  of  employing  all  necessary  labor  in  his  de- 
partment, subject  to  the  limitation  to  be  prescribed  by  the 
council  as  to  the  number  of  employes  or  workingmen  and 
the  compensation  to  be  paid  them. 

Art.  187.  That  the  health  physician  shall  establish  such 
rules  and  regulations  as  he  may  think  necessary  to  determine 
the  number  of  deaths  and  burials  in  the  city,  and  for  the  dis- 
interment and  removal  of  dead  bodies,  and  for  the  bringing 
of  them  within  the  city. 

Art.  188.  That  all  notices  required  by  this  chapter  shall 
be  in  writing,  and  may  be  served  by  the  health  physician 
or  by  a  health  inspector  upon  the  owner,  or  agent  of  the 
owner,  or  the  tenant  of  the  premises  offending,  if  resident 
in  the  city ;  but,  if  the  premises  be  unoccupied,  and  the 
owner  is  a  non-resident,  and  has  no  resident  agent,  then 
notice  shall  be  served  by  posting  a  written  notice  on  the 
premises. 

Art.  189.  That  any  person  or  persons  who  shall  violate, 
resist  or  fail  to  comply  with  any  of  the  preceding  articles 
of  this  chapter,  or  who  shall  fail  to  comply  with  any  order, 
rule  or  regulation  issued  by  the  health  physician,  under  the 
authority  of  this  chapter,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars,  and  shall  be  im- 
10-  119 


AKT.   190-192.         REVISED   ORDINANCES  OF   THE 

prisoned  in  the  county  jail  until  such  fine  is  paid,  and  while 
so  imprisoned  shall  be  made  to  work  on  the  public  high- 
ways, or  some  other  public  work  under  the  municipal  author- 
ity ;  provided,  such  imprisonment  shall  in  no  case  continue 
longer  than  fifteen  days;  and  for  any  failure  or  refusal  to 
comply  with  any  order  or  notice  of  the  health  physician, 
when  a  particular  time  is  specified  for  the  execution  of  such 
rule,  regulation,  order  or  notice,  the  person  or  persons  so 
offending  shall  be  liable  to  a  fine  of  not  less  than  five  nor 
more  than  fifteen  dollars  for  every  day  such  failure  or  're- 
fusal to  comply  with  such  rule,  regulation,  order  or  notice 
shall  continue. 

Art.  190.  Any  person  who  shall  violate  any  article  of  this 
chapter,  or  fail  to  perform  any  duty  therein  prescribed,  shall 
be  fined  in  any  sum  not  exceeding  twenty-five  dollars,  un- 
less another  penalty  is  specially  prescribed  therefor. 

CHAPTER  TWO. 

SANITARY    REGULATIONS. 

Art.  191.  It  shall  not  be  lawful  for  any  person  to  erect 
or  use  any  place  as  a  privy  or  necessary  house  on  any  lot 
or  premises  within  three  feet  of  the  line  of  the  next  adjoin- 
ing lot,  or  any  street  or  alley  in  the  city;  and  any  person  who 
shall  violate  this  provision  shall  be  fined  in  any  sum  not 
exceeding  ten  dollars  in  case  said  privy  or  necessary  house 
is  not  removed  to  conform  thereto  within  twenty-four  hours 
after  notice  to  remove  the  same  by  the  health  physician,  or 
any  policeman  or  health  inspector. 

Art.  192.  It  shall  not  be  lawful  for  any  person  owning  or 
using  a  privy  or  necessary  house,  .to  use  and  keep  the  same 
in  such  manner  that  it  shall  be  ofifensive  to  the  public  or  to 
any  person  residing  in  the  vicinity.  Any  person  so  owning 
or  using  the  same,  who  shall  fail  or  refuse  to  place  the  same 
in  good  sanitary  condition  within  twenty-four  hours  after 
notice  from  the  board  of  health,  a  policeman  or  a  health  in- 
spector, shall  be  fined  in  any  sum  not  exceeding  ten  dollars 
for  each  and  every  day  he  shall  so  fail  or  refuse. 

120 


CITY   OF    GALVESTON.  ART.  193-195. 

Art.  193.  It  shall  not  be  lawful  to  remove  any  night  soil, 
or  the  contents  of  any  vault,  privy  or  necessary  house  within 
the  cit3^  at  any  time  between  the  first  clay  of  June  and  the 
first  day  of  November  in  any  year,  except  with  the  per- 
mission of  the  health  physician,  and  in  accordance  with  such 
directions  as  may  be  prescribed  by  the  board  of  health,  and 
not  at  any  other  time  of  the  year,  except  between  the  hours 
of  eleven  o'clock  at  night  and  four  o'clock  in  the  morning, 
without  written  permission  of  the  health  physician.  And  it 
shall  not  be  lawful  to  remove  any  night  soil  or  the  contents 
of  any  vault,  privy  or  necessary  house  within  the  city,  except 
by  such  means  as  the  odorless  excavating  apparatus,  or  by 
vessels  or  other  apparatus  the  use  of  which  is  inofifensive. 
And  all  such  vessels  and  apparatus  are  to  be  examined,  ap- 
proved, and  a  written  license  granted  by  the  health  phy- 
sician to  use  the  same,  before  same  are  used.  Any  person 
ofifending  against  any  of  the  provisions  of  this  article  shall, 
upon  conviction,  1)e  subject  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars  for  each  and  every 
offense. 

Art.  1!)4.  It  shall  not  be  lawful  for  any  person  to  throw, 
place,  leave,  deposit  or  bury,  or  to  suffer  or  permit  his  or  her 
servant,  or  any  other  person  of  his  or  her  family  to  throw, 
place,  leave,  deposit  or  bury  the  carcass  of  any  dead  animal 
or  any  carrion,  or  putrid  meat,  fish,  entrals,  contents  of  a  privy, 
or  other  unwholsesome  substance,  in  any  square,  avenue, street 
or  alley,  or  upon  any  lot  within  the  city,  or  upon  any  other 
ground  within  the  limits  thereof,  except  such  ground  or  place 
as  shall  from  time  to  time  be  designated  by  the  health  phy- 
sician for  such  purpose;  and  for  every  violation  of  this  article 
the  offender  shall  be  subject,  on  conviction,  to  a  fine  of  not 
more  than  twenty-five  dollars  for  each  and  every  offense. 

Art.  195.  It  shall  be  the  duty  of  all  owners  or  occupiers 
of  houses,  stores,  shops  or  vacant  lots  to  keep  the  sidewalks 
in  front  of  their  houses,  stores,  shops  or  vacant  lots  clean 
and  in  good  condition,  and  that  it  shall  be  unlawful  and  pro- 
hibited to  sweep,  pour,  throw,  or  otherwise  place  in  the 
gutter,  or  into  the  streets  and  alleys,  offal,  liquid  debris,  or 
anv  other  thing  or  substance  ;  such  sweepings,  debris,  offal, 

121 


Art.  196-198.      revised  ordinances  of  the 

etc.,  shall  be  collected  in  suitable  boxes,  barrels,  or  other 
vessel,  and  placed  before  the  doors,  at  the  edge  of  the  side- 
walk, or  in  the  alley,  as  may  be  ordered  by  the  health  physi- 
cian where  scavenger  carts  shall  take  it  at  certain  hours. 
not  later  than  nine  o'clock  a.  m.,  and  the  empty  boxes  or 
barrels  shall  not  remain  on  the  sidewalk  or  in  the  alley,  but 
shall  be  taken  back  to  the  house  by  the  owner.  This  shall 
not  apply  to  any  refuse  or  any  boxes,  crates,  barrels,  shav- 
ing paper  or  other  package  or  material  which  has  been  used 
for  packing  or  other  similar  purposes,  but  the  owners  or 
occupants  of  stores,  houses  and  shops,  having  no  further  use 
for  such  waste  package  or  material,  shall  cause  the  same  to  be 
removed,  and  not  deposit  it  or  permit  it  to  remain  upon  the 
sidewalks,  or  in  the  alleys  or  streets.  Any  person  violating  this 
article,  or  any  provision  thereof,  shall  be  fined  not  less  than 
one  nor  more  than  five  dollars  for  each  oft'ense. 

Art.  196.  Every  owner  or  keeper  of  any  animal  which 
may  die  within  the  limits  of  the  city,  shall  forthwith  re- 
move, or  cause  to  be  removed,  the  dead  carcass  thereof  to 
the  place  designated  by  the  health  physician  for  such  pur- 
pose, and  there  bury  the  same  or  cause  it  to  be  done,  at  his 
or  her  own  expense ;  and  for  refusal  or  failure  to  comply  with 
the  provisions  of  this  article  each  owner  or  keeper  shall  be 
subject  to  a  fine  of  not  exceeding  ten  dollars. 

Art.  197.  Every  person  wdio  shall  discharge  from  his 
house,  factory  or  lot,  into  any  avenue,  street  or  alley,  in  the 
limits  of  the  city,  any  noisome  or  offensive  liquid  or  sub- 
stance, prejudicial  to  the  health  of  persons  residing  in  or 
near  such  avenue,  street  or  alley,  and  every  person  keeping 
on  his  premises  any  hides,  whether  green  or  dry,  skins  or 
peltries,  or  any  animal  or  vegetable  matter  that  is  generally 
offensive  to  the  persons  residing  in  the  neighborhood,  or 
deemed  prejudicial  to  the  health  thereof,  shall  for  each  and 
every  offense  be  subject,  on  conviction,  to  a  fine  of  not  ex- 
ceeding fifty  dollars. 

Art.  198.  No  steam  boiler  manufactory,  machine  shop, 
foundry,  factory,  brewery,  distillery,  soap  factory,  butchery, 
or  sausage-making  establishment,  or  any  other  establishment 
of   similar   kind   whatever,   shall   be    erected   or   continued    in 

122 


CITY   OF   GALVESTON.  ART.   199-200. 

operation  within  the  corporate  limits  of  the  cit}%  which  sliall, 
upon  due  consideration  before  the  recorder's  court,  be  de- 
clared by  said  court  a  nuisance  to  the  public,  or  to  any 
persons  residing  within  the  vicinity  thereof,  under  a  penalty 
to  be  inflicted  upon  the  owner  or  occupier  of  such  establish- 
ment of  not  exceeding  one  hundred  dollars  per  day  for  each 
and  every  day  the  said  nuisance  shall  be  continued  after  he 
or  they  shall  be  notified  by  the  president  to  discontinue  or 
remove  the  same. 

Art.  199.  PZvery  owner,  occupier  or  lessee  of  a  wharf, 
or  the  agent  or  manager  thereof,  shall  keep  the  docks  or 
slips,  to  the  distance  of  thirty  feet  on  either  side  of  said 
wharf  from  end  tO'*  end,  clear  of  logs,  timber,  bushes,  sea- 
weed and  every  species  of  filth  or  obstruction  whatever ;  and 
every  owner,  lessee  or  occupier  of  any  wharf,  or  the  agent 
or  manager  thereof,  within  the  limits  of  the  city  of  Galves- 
ton, who  shall  fail  or  refuse  to  keep  the  docks  free  of  all 
filth  and  obstructions  aforesaid,  or  shall  fail  or  refuse  to 
remove  from  said  wharves,  or  any  grounds  connected  there- 
with, any  filth  or  noxious  and  offensive  matter  of  any  kind 
whatever,  within  twenty-four  hours  after  having  been  noti- 
fied to  remove  the  same  by  the  board  of  health,  or  any  health 
inspector,  shall  be  fined  in  any  sum  not  exceeding  ten  dollars 
for  each  and  every  day  he  may  so  fail  or  refuse. 

Art.  '^00.  Any  vessel,  boat,  barge  or  other  water  craft, 
which  mav  be  lying  at  or  about  the  wharves  or  docks  of  this 
city,  which  may  at  any  time  contain  stagnant  w^ater,  or  be 
in  an  impure  or  unwholesome  condition,  shall  be  and  is  hereby 
declared  a  public  nuisance,  and  that  the  owner,  master,  agent 
or  consignee,  on  being  notified  to  that  effect,  shall  immediately 
remove  the  said  vessel,  barge,  boat  or  other  water  craft,  to 
such  place  as  may  be  designated  by  the  health  physician,  there 
to  be  cleaned  and  purified,  before  the  same  shall  again  be 
suffered  to  be  brought  to  the  wharves  and  docks  aforesaid  ; 
and  in  case  the  said  owner,  master,  agent  or  consignee  shall 
refuse  or  neglect  to  remove  any  such  vessel,  boat,  barge  or 
other  water  craft,  being  thereunto  rec[uired  as  aforesaid,  and 
within  the  time  allowed  therefor,  he,  she  or  they  shall  be 
liable  to  a  fine  of  not  more  than  twenty  dollars  for  each  and 

12.3 


Art.  201-203.      revised  ordinances  of  the 

every  twenty-four  hours  the  same  shall  remain  after  tlic 
expiration  of  the  time  limited  for  the  removal  thereof;  and 
the  said  refusal  or  neglect  being  continued  for  forty-eight 
hours,  it  may  and  shall  be  lawful  for  the  health  physician, 
and  it  is  hereby  made  his  duty,  to  cause  the  same  to  be  re- 
moved at  the  charge,  expense  and  risk  of  the  said  owner, 
master  or  consignee  of  said  vessel,  the  cost  whereof  being 
ascertained,  shall  be  recovered  by  suit  or  action  in  any  court 
of  competent  jurisdiction,  in  the  corporate  name  of  the  city, 
against  such  owner,  master  or  consignee  as  aforesaid. 

Art.  201.  The  health  physician  of  the  city  is  hereby  author- 
ized to  prevent  and  prohibit  the  introduction  within  the  limits 
of  the  city  of  any  hides,  peltry,  cofifee,  suet,  provisions,  or 
any  infected  articles,  which,  in  his  judgment,  may  endanger 
the  health  of  the  city ;  and  any  person  or  persons,  willingly 
or  knowingly  introducing  into  the  city  any  of  the  said  articles, 
contrary  to  the  prohibition  aforesaid,  shall  forfeit  and  pay 
for  each  such  offense  a  sum  not  exceeding  fifty  dollars;  and 
all  such  articles,  whenever  found  within  the  limits  of  the 
city,  and  adjudged  by  the  physician  aforesaid  to  endanger  the 
health  of  the  city,  shall  be  immediately  removed  without  the 
limits  of  the  city  by  the  person  on  whose  premises  the  same 
are  found. 

Art.  202.  It  shall  not  be  lawful  for  any  person  to  skin  any 
dead  animal  that  may  die  within  the  limits  of  the  corporation, 
or  may  drift  on  shore,  without  immediately  burying,  or  in 
some  other  way  destroying  the  carcass ;  and  any  person  so 
offending  shall  be  fined  in  a  sum  of  not  less  than  ten  dollars 
for  each  offense,  to  be  recovered  as  for  breach  of  other 
ordinances. 

Art.  20;j.  That  any  privy  hereafter  constructed  within  the 
fire  limits  of  the  city  of  Galveston  shall  be  not  to  exceed 
four  feet  below  the  surface  of  the  ground,  and  to  be  walled 
with  brick  or  stone  laid  in  cement  its  whole  depth,  with 
water-tight  bottom.  Said  wall  shall  be  raised  at  least  one 
foot  and  a  half  above  the  surface  of  the  ground,  and  shall 
be  so  constructed  as  not  to  have  any  issue  or  opening  on 
any  street  or  alley  or  yard,  nor  shall  it  be  within  three  feet 
of  any  street  or  alley  or  party  wall   or  fence.     Any   person 

124 


CITY    OF   GALVESTON.  ArT.  204-207. 

violating-  this  article  shall  be  subject  to  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each  and 
every  offense. 

CHAPTER  THREE. 

QUARANTINE. 

Art.  204.  All  vessels  arriving  within  the  bay  of  Galves- 
ton are  hereby  declared  to  be  subject  to  such  quarantine 
regulations  as  are  herein  prescribed. 

Art.  205.  The  quarantine  anchorage  shall  be  abreast  of 
■Nlesquite  island,  or  other  place  to  be  designated  by  the  health 
physician,  and  all  vessels  subject  to  quarantine  shall  im- 
mediately upon  their  arrival  from  sea  proceed  to  and  be 
anchored  at  the  place  assigned  for  quarantine,  and  shall  there 
remain  with  their  officers,  passengers  and  crew,  during  the 
time  of  their  quarantine,  to  be  prescribed  by  the  board  of 
health,  but  not  in  any  case  to  exceed  twenty  days ;  provided, 
that  when  quarantine  shall  have  been  declared  by  the  gov- 
ernor of  the  State  of  Texas,  such  vessels  shall  remain  at  the 
quarantine  anchorage  for  the  term  that  may  be  prescribed 
by  the  governor  in  his  proclamation  establishing  quarantine. 

Art.  206.  The  quarantine  physician  shall  board  every  ves- 
sel subject  to  quarantine  immediately  on  her  arrival,  and 
make  strict  incjuiry  into  the  health  of  the  crew  and  pas- 
sengers, and  into  the  state  and  condition  of  the  vessel  and 
cargo;  and  in  the  discharge  of  his  duty  he  may  put  all  such 
questions  to  the  persons  on  board  as  he  shall  judge  necessar}' 
and  proper  to  enable  him  to  ascertain  the  condition  of  the 
vessel  and  the  quarantine  to  which  she  ought  to  be  sub- 
ject; and  the  persons  to  whom  such  questions  shall  be  put 
shall,  if  required,  answer  the  same  under  oath,  which  the 
quarantine  physician  is  hereby  authorized  to  administer. 

Art.  207.  WHien  the  detention  prescribed  for  any  vessel 
has  expired,  if  the  quarantine  physician  shall  judge  the  ves- 
sel and  cargo  free  from  infection,  he  shall  relieve  the  vessel 
from  detention ;  but  no  vessel  shall  be  allowed  to  remove  from 
the  quarantine  ground  without  a  written  permit  from  the 
quarantine  physician. 

l->o 


Art.  208-213.      revised  oedixaxces  of  the 

Art.  208.  No  lighter  or  vessel  shall  be  employed  to  unload 
vessels  at  the  quarantine,  or  to  remove  any  of  the  passengers 
or  crew  therefrom  without  the  permission  of  the  quarantine 
physician,  when  they  may  be  subject  to  such  restrictions  as 
may  be  imposed  by  the  quarantine  physician;  provided,  that 
all  mails  may  be  landed  at  the  earliest  period  deemed  safe  by 
the  quarantine  physician. 

Art.  209.  The  master  or  other  officer  in  command,  or  clerk 
of  every  vessel  arriving  at  the  quarantine  ground,  shall  make 
a  report  in  writing  to  the  quarantine  physician,  of  the  name, 
age  and  last  legal  residence  of  every  passenger  or  hand  on 
board  of  such  vessel ;  and  no  such  hand  or  passenger  shall  be 
allowed  to  leave  the  vessel  without  the  written  permission 
of  the  quarantine  physician. 

Art.  210.  The  master,  owner  or  consignee  of  every  vessel 
subject  to  quarantine  shall  forthwith,  upon  the  requisition  of 
and  under  the  direction  of  the  quarantine  phj^sician,  cause 
such  vessel,  her  cargo  and  clothing  to  be  purified,  and  shall 
cause  such  vessel  to  be  fumigated,  aerated  and  purified,  ac- 
cording to  the  directions  of  the  health  physician,  when  re- 
quired by  the  quarantine  physician,  at  the  expense  of  said 
vessel. 

Art,  211.  The  quarantine  physician,  under  the  directions 
of  the  health  physician,  if  it  be  deemed  necessary  to  pre- 
vent infection  or  contagion,  ma}'  cause  any  bedding  or  cloth- 
ing on  board  a  vessel  subject  to  quarantine,  or  any  portion  of 
her  cargo  that  he  may  deem  infected,  to  be  destroyed. 

Art.  212.  iVny  master  of  a  vessel  who  shall  either  give 
false  information  relative  to  the  condition  of  his  vessel,  crew, 
passengers  or  cargo,  or  refuse  to  give  such  information  as 
shall  be  lawfully  required,  or  who  shall  land  any  person  from 
his  vessel,  or  unload  or  tranship  any  portion  of  his  cargo 
before  his  vessel  shall  have  been  visited  or  examined  by  the 
quarantine  physician,  shall  be  guilty  of  a  misdemeanor;  and 
for  each  offense  shall  be  fined  a  sum  not  exceeding  one  hun- 
dred dollars. 

Art.  213.  Any  person  who  shall  willingly  or  knowingly 
oppose  or  obstruct  the  quarantine  physician  in  performing 
his  duties  herein  required  of  him,  shall  be  guilty  of  a  misde- 

12f) 


CITY   OF   GALVESTOX.  ART.  214-215. 

meanor,  and,  on  conviction,  shall  be  fined  for  each  ofifense  not 
exceeding-  one  hundred  dollars,  and  may  be  imprisoned  for 
a  period  not  exceeding-  fifteen  days. 

Art.  214.  Any  master  of  a  vessel  subject  to  quarantine, 
arriving  in  the  bay  from  sea,  who  shall  refuse  or  neglect 
either  first  to  proceed  with  and  anchor  his  vessel  at  the  place 
assigned  for  quarantine  at  the  time  of  his  arrival ;  second, 
to  submit  his  vessel,  cargo  and  passengers  to  the  examination 
of  the  quarantine  physician,  and  to  furnish  all  necessary  in- 
formation to  enable  that  officer  to  determine  at  what  length 
of  quarantine  and  other  regulations  they  ought  respectively 
to  be  subject  to;  third,  to  remain  with  his  vessel  at  quaran- 
tine during-  the  period  assigned  for  her  detention,  and  whilst 
at  quarantine  to  comply  with  the  directions  and  regulations 
hereof,  and  -with  such  orders  as  the  quarantine  physician,  by 
virtue  of  this  article,  may  give,  shall  be  liable  to  a  fine  of  one 
hundred  dollars,  or  fifteen  days'  imprisonment,  and  ever}' 
other  person  obstructing  said  officer  in  the  discharge  of  his 
duty,  shall  be  liable  to  a  like  penalty.  All  drummers,  persons 
running  market  boats,  and  all  other  persons  are  prohibited 
from  going  on  board  of  any  vessel  that  arrives  in  the  harbor 
of  Galveston  during  quarantine  season  until  after  the  in- 
spection of  such  vessel  by  the  quarantine  officer.  Any  person 
violating  the  provisions  of  this  section  shall  be  fined  not  less 
than  twenty-fi^■e  nor  more  than  one  hundred  dollars  for  each 
offense. 

Art.  215.  That  the  pilots  of  this  port  shall  notify  all  ves- 
sels coming  from  ports  declared  infected  by  the  quaranrine 
physician  of  the  existence  of  this  order,  and  shall  bring  such 
vessels  to  anchor  at  the  quarantine  station,  or  outside  the 
bar,  for  examination  by  the  quarantine  physician.  And  no 
vessel  from  any  infected  ports  shall  be  brought  to  the  city 
by  the  pilots,  or  be3'ond  the  quarantine  station,  without  per- 
mit from  the  quarantine  physician ;  and  any  violation  of  this 
provision  b}'  any  pilot  shall  subject  such  pilot  to  a  fine  of 
one  hundred  dollars. 


127 


Art.  216-218.      revised  ordinances  of  the 
CHAPTER  FOUR. 

SLAUGHTER    HOUSE    AND    YARDS. 

Art.  316.  Slaughter  houses,  or  slaughter  yards  or  grounds, 
or  grounds  and  premises  used  for  slaughtering  purposes,  shall 
not  be  kept  or  allowed  within  the  corporate  limits  of  the  city 
of  Galveston,  between  the  eastern  boundary  of  said  city  on 
the  east  and  Fifty-seventh  street  on  the  west;  provided  that 
yards,  grounds  and  pens  used  for  feeding  beeves  or  hogs  may 
be  kept  within  the  corporate  limits  west  of  Forty-third  street. 
Nor  shall  there  be  any  fresh  meat  brought  within  the  limits 
mentioned  for  the  purpose  of  sale  and  kept  over  night,  unless 
the  same  be  deposited  in  a  regularly  established  market  house  ; 
nor  shall  any  person  be  allowed  to  kill,  butcher  or  slaughter 
any  beef,  veal,  hog,  sheep  or  goat  within  the  limits  prescribed. 
Every  person  ofifending  against  or  violating  either  of  the 
provisions  of  this  ordinance  shall  be  fined  in  the  sum  of 
twenty-five  dollars  for  each  and  every  such  ofifense. 

Art,  21T.  That  no  person  shall  exercise  or  carry  on,  within 
the  limits  of  the  city  of  Galveston,  any  occupation,  trade  or 
business  that  creates  any  stench  or  smell  offensive  to  the 
senses,  which  either  makes  the  air  unwholesome,  or  renders 
the  enjoyment  of  life  and  property  in  the  neighborhood  un- 
comfortable;  and  the  exercise  or  carrying  on,  within  said 
limits,  every  such  occupation,  trade  or  business,  and  the 
houses  and  establishments  in  which  said  occupation,  trade 
or  business  shall  be  so  exercised  or  carried  on,  are  hereby 
declared  to  be  nuisances. 

That  each  and  every  day,  or  part  of  a  day,  any  slaughter 
house,  slaughter  pen,  slaughter  3'ard,  ground  or  premises,  or 
slaughtering  establishment,  may  be  used  for  any  of  the  pur- 
poses prohibited  by  this  chapter,  and  that  each  and  every 
day,  or  part  of  a  day,  any  occupation,  trade  or  business  pro- 
hibited by  this  chapter  may  be  exercised  or  carried  on,  shall 
be  adjudged  a  separate  offense,  and  shall  be  punished  ac- 
cordingly. 

Art.  218.  That  if  any  person  shall  be  found  guilty  of  a 
violation  of  any  one  of  the  three  preceding  articles,  the  person 


128 


CITY    OF   GALVESTON.  AKT.  219-221. 

SO  offending  shall  be  fined  in  any  sum  not  less  than  twenty 
dollars,  nor  more  than  two  hundred  dollars. 

Art.  219.  That  when  any  house,  pen  or  establishment  shall 
be  found  to  be  a  nuisance,  the  recorder  shall  issue  a  writ 
to  the  chief  of  police,  ordering  him  to  abate  the  same. 


TITLE  VI. 


give  ^spavintsnU 

CHAPTER  ONE. 

ORGANIZATION. 

Art.  220.  The  fire  department  of  the  city  of  Galveston 
shall  be  composed  of  a  chief  of  the  fire  department,  an  assist- 
ant chief  of  the  fire  department  and  such  number  of  firemen 
as  the  board  of  commissioners  ma}"  deem  necessary,  the  offic- 
ers and  members  of  said  fire  department  to  be  appointed  and 
their  compensation  and  duties  to  be  fixed,  defined  and  regu- 
lated as  provided  by  the  city  charter. 

Art.  221.  The  chief  of  the  fire  department  shall  have  the 
command  of  the  entire  fire  department,  its  officers,  members 
and  employes.  He  shall  at  all  times  supervise  and  keep  in  re- 
pair, and  ready  for  instant  use  all  the  property  of  the  city  con- 
nected with  the  department.  He  shall  see  that  proper  discipline 
is  maintained  and  observed  by  officers  and  men  when  on  duty. 
He  shall  have  sole  command  at  fires  over  all  members  of  the 
fire  department  and  all  other  persons  who  may  be  present. 
He  shall  direct  all  proper  measures  to  the  extinguishing  of 
fires,  the  protection  of  property  and  preservation  of  order.  He 
shall  keep  fair  and  exact  rolls  of  the  respective  companies, 
specifying  the  time  of  admission  and  discharge,  and  name,  age, 
occupation  and  residence  of  each  member.  He  shall,  in  cases 
of  emergency,  have  authority  to  employ  extra  members  when 
the   preservation   of  property  from   fire   may  require   it.      He 

129 


Art.  222-224.      revised  ordinances  of  the 

shall,  at  the  end  of  each  month,  make,  or  cause  to  be  made, 
a  correct  pay-roll  of  the  officers  and  members  of  the  fire  de- 
partment, tog-ether  with  a  statement  of  all  expenses  incurred 
by  the  fire  department  during  the  current  month,  and  all  sup- 
plies and  material  received  for  the  use  of  the  same,  and  report 
to  the  board  the  condition  of  the  houses,  fire  apparatus  and 
other  property  of  the  department,  the  number  of  fires  since 
last  report,  the  causes  thereof,  and  the  extent  of  damage, 
as  near  as  can  be  ascertained.  In  the  absence  of  the  chief 
the  engineer  shall  execute  the  duties  of  his  office  with  full 
powers,  and  the  assistant  engineer  shall,  at  all  times,  be  sub- 
ject to  the  direction  and  orders  of  the  chief,  and  the  chief  and 
assistant  are  hereby  authorized  to  exercise  the  powers  of 
police  officers  in  going  to,  while  at,  and  returning  from  any 
fire  that  may  occur  or  alarm  be  given. 

CHAPTER  TWO. 

REGULATIONS PREVENTION    OF    FIRES. 

Art.  222.  No  person  shall,  under  any  pretext  wdiatever, 
take  or  use  any  of  the  implements,  tools  or  apparatus  belong- 
ing to  any  of  the  several  companies  of  the  fire  department 
without  first  obtaining  the  consent  of  the  chief  of  the  fire 
department;  and  it  shall  be  the  duty  of  every  fireman  know- 
ing of  any  such  ofifense  to  report  the  same  to  his  foreman,  and 
said  foreman  to  make  complaint  to  the  chief  of  police,  who 
shall  take  action  in  the  matter ;  and  for  every  violation  of  this 
article,  the  person  guilty  of  such  violation  shall  be  subject  to 
a  fine  of  not  less  than  two  or  more  than  ten  dollars. 

Art.  223.  Racing  to  and  from  fires  is  not  allowed  under 
any  circumstances,  vmder  penalty  of  dismissal,  and  if  the 
apparatus  of  several  companies  are  proceeding  on  the  same 
street  to  or  from  a  fire,  they  shall  do  so  in  single  file. 

Art.  224.  Any  driver  of  a  steam  engine,  or  a  hose  cart, 
or  hook  and  ladder  company,  or  any  other  apparatus  belong- 
ing to  a  fire  company,  who'  may  carelessly  or  willfully  come 
into  collision  with  any  other  vehicle  while  going  to  or  from 
a  fire,  or  any  alarm  of  fire,  shall  be  held  responsible  for  all 
damages  that  may  occur. 

130 


CITY   OF   GALVESTON.  ART.  225-230. 

Art.  ^^o.  Drivers  shall  see  that  their  horses  are  at  all 
times  properly  secured  and  protected. 

Art.  22G.  Each  company  of  the  fire  department  shall  be 
furnished  with  a  cop)-  of  the  fire  ordinance,  and  rules  and 
regulations,  which  shall  be  framed  and  placed  in  their  houses. 
It  shall  be  the  duty  of  the  officers  and  the  members  of  the 
department  to  conform  to  the  regulations  and  perform  all  the 
duties  herein  required. 

Art.  227.  Officers  and  members  of  the  department  are 
strictly  forbidden  to  make  any  purchases  for  the  department, 
except  under  authorit}^  of  the  board. 

Art:  228.  Any  driver  of  a  steam  engine,  hose  carriage,  or 
hook  and  ladder  company,  who  shall  carelessly  drive  over 
any  hose,  shall  be  subject  to  dismissal  from  the  depart- 
ment. 

Art.  229.  Foremen  of  the  several  steam  fire  engine  com- 
panies are  required  to  see  that  their  horses  are  exercised  daily, 
in  hauling  shells  and  sand,  and  at  such  work  as  may  be  directed 
by  the  chief  of  the  fire  department,  to  leave  their  wagons  on 
the  spot  when  they  hear  an  alarm  of  fire,  and  to  resume  their 
work  after  the  fire  is  extinguished.  During  the  workings  of 
the  engines  at  fires  or  washings,  no  liquor  of  any  kind  shall 
be  allowed  around  the  engine,  to  the  engineer  or  fireman  ;  and 
it  is  the  specified  duty  of  the  officer  in  charge  of  the  engine 
to  see  that  this  order  is  implicitly  obeyed.  The  maximum  of 
steam  required  on  all  ordinary  occasions  shall  not  exceed 
eighty  pounds,  and  if  at  any  time  an  extra  quantity  of  steam 
is  required,  the  officer  in  charge  of  the  engine  will  notify  the 
chief  of  the  fire  department  of  the  same. 

Art.  230.  In  case  of  a  fire,  or  other  assembling  of  the  de- 
partment, the  chief  of  the  fire  department  shall  assume  con- 
trol and  be  obeyed  in  all  things  pertaining  thereto.  In  the 
absence  of  the  chief,  the  assistant  shall  assume  his  authority 
and  responsibility.  The  officers  of  the  respective  companies 
will  yield  prompt  and  cheerful  obedience  to  the  orders  of  the 
chief  in  charge,  and  the  members  of  the  companies  will,  in 
like  manner,  yield  prompt  and  cheerful  obedience  to  the  orders 
of  their  company  officers. 


131 


Art.  231-234.      revised  ordinances  of  the 

Art.  231.  It  shall  be  the  duty  of  the  chief,  at  least  once 
in  every-  month,  to  make  a  thorough  inspection  of  the  horses, 
apparatus,  buildings  or  other  public  property,  in  the  keeping 
of  the  various  fire  companies,  to  see  that  they  are  at  all 
times  kept  in  good  condition  and  ready  for  use,  and  to  make 
a  full  report  of  the  condition  of  the  department  to  the  board 
on  the  first  da}'  in  January,  April.  July  and  October,  in  each 
year. 

Art.  232.  It  shall  be  the  duty  of  the  secretary  to  keep, 
in  a  book  to  be  provided  for  that  purpose,  a  fire  register,  show- 
ing the  names,  date  of  election  and  term  of  service  of  all 
officers  and  members  of  the  department. 

Art.  233.  It  shall  be  the  duty  of  the  chief  of  the  fire  de- 
partment, or  assistant  in  command  of  fires,  to  establish  a  post 
of  observation  to  be  designated  in  the  day  time  by  a  red  flag, 
and  at  night  by  a  red  lantern,  at  which  post  he  shall  remain 
during  the  progress  of  the  fire,  and  direct  the  operations  of 
the  department,  except  when  his  presence  at  some  other  por- 
tion of  the  field  is  temporarily  indispensable. 

CHAPTER  THREE. 

FIRE    LIMITS. 

Art,  234.  It  shall  not  be  lawful  to  erect,  build,  place, 
enlarge  or  repair  any  wooden  building  or  structure,  or  any 
building  or  structure  whatsoever,  constructed  of  wood  or 
with  a  wooden  roof;  or  to  arrange,  keep,  locate  or  establish 
any  lumber  or  wood  yard,  or  place  for  the  purpose  of  carry- 
ing on  the  business  of  lumber  dealing  or  for  the  storage  of 
cord  wood,  except  in  quantities  less  than  twenty  cords  thereof, 
in  this  city  between  the  following  boundaries:  Avenue  A 
on  the  north,  or  on  any  reclaimed  land  between  Avenue  A 
and  the  channel;  the  alley  between  Avenue  E  (or  Postoffice 
Street)  and  Avenue  F  (or  Church  Street)  on  the  south,  ex- 
cepting the  north  one-half  of  block  439 ;  Nineteenth  Street  on 
the  east,  and  Bath  Avenue  on  the  west.  The  territory  within 
said  boundaries,  excepting  the  north  one-half  of  said  Block 
439,  shall  be  designated  as  the  fire  limits  of  the  city.  Any 
person  who  shall  violate  the  provisions  of  this  article  shall  be 
fined  one  hundred  dollars. 

132 


CITY   OF   GALVESTON.  AeT.  235-236. 

Art.  235.  That  hereafter,  whenever  the  health  physician 
shall,  for  sanitar}^  purposes,  order  an}-  house  or  building- 
situated  within  the  said  defined  limits  to  be  raised,  the  owner, 
agent  or  lessees  of  the  same  shall  be  permitted  and  shall  have 
the  right  to  repair  such  house  or  building  to  such  extent,  and 
no  more,  as  may  be  necessary  and  recjuisite  to  safely  raise 
the  same.  The  extent  and  nature  of  such  repairs  shall  be  de- 
termined by  the  city  engineer,  and  it  is  hereby  made  the 
duty  of  the  owner,  agent  or  lessee  as  the  case  may  be,  of  each 
house  or  building  so  ordered  to  be  raised,  to  call  upon  and 
obtain  from  the  city  engineer  a  certificate,  setting  forth  and 
particularly  specifying  the  extent  and  nature  of  the  repairs 
necessary  to  be  made,  in  order  to  comph^  with  the  said  order 
of  the  health  physician,  which  certificate  so  obtained  shall  be 
filed  in  the  office  of  the  city  clerk.  It  shall  then  be  the  duty 
of  the  chief  of  the  fire  department  to  see  that  the  repairs  made 
upon  any  such  house  or  building  are  in  strict  conformity  to 
and  in  accordance  with  the  terms  and  provisions  of  the  said 
certificate. 

Art.  236.  It  shall  be  unlawful  for  any  person  to  move, 
cause  to  be  moved  or  aid  in  moving  any  house  or  building 
from  any  point  to  another  in  the  city  of  Galveston,  on,  along- 
or  across  any  street,  alley  or  other  highway  in  said  city  with- 
out having  first  obtained  from  the  president  permission  in 
writing  signed  by  him  officially,  authorizing  such  removal, 
which  permission  shall  state  the  name  of  the  person  to  whom 
such  permission  is  given,  the  building  or  house  to  be  moved, 
the  place  from  which  and  the  place  to  which  the  same  may 
be  moved,  and  the  route  along  which  it  shall  be  carried,  and 
any  other  restrictions  and  conditions  which  the  president  may 
impose  to  avoid  inconveniences  to  the  public  and  for  the  pro- 
tection of  the  highways  from  injury ;  provided,  that  no  such 
permission  shall  be  granted  to  move  any  house  or  building 
from  any  point  outside  of  the  fire  limits  of  the  city  across 
such  fire  limits  or  to  any  point  within  them.  Any  person  who 
shall  violate  or  be  concerned  in  violating  the  provisions  of 
this  article,  or  any  of  them,  or  the  terms  of  such  permit  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars  for 
each  ofTense. 

133 


AliT.  237-239.         revised    ORDtNANOES   OF   THE 

Art.  237.  In  case  any  house  or  building  shall  be  removed 
from  one  place  to  another  within  the  city  limits  by  any  route 
which  shall  cross  any  street  railroad,  or  other  railroad  used 
for  the  accommodation  of  the  public,  such  house  or  building- 
shall  be  carried  completely  across  such  railroad  track  at  night 
between  the  hours  of  twelve  o'clock  midnight,  and  six  o'clock 
a.  m.  of  the  same  night;  and  for  each  and  every  hour  such 
house  or  building,  or  the  material  or  apparatus  used  in  moving 
the  same,  shall  obstruct  the  free  passage  of  cars  along  such 
railroad  during  any  other  hours  of  the  day  or  night  the  owner 
of  such  house  or  building  and  each  and  every  person  charged 
with  or  concerned  in  the  removal  thereof,  whether  as  agent, 
contractor  or  laborer,  shall  be  fined  not  less  than  five  nor 
more  than  twenty-five  dollars. 

Art.  338.  Each  and  every  building  of  any  size  or  kind 
hereafter  erected  within  said  fire  limits,  shall  have  walls  and 
roofs  constructed  of  fire-proof  materials,  using  for  walls  brick, 
stone,  concrete  or  cast  iron,  either  solid  or  filled  behind  with 
brick,  stone  or  concrete ;  and  for  roof,  either  slate,  tin,  iron 
or  prepared  asphaltum  felt  and  gravel  or  shell,  to  be  approved 
by  the  chief  engineer  of  the  fire  department ;  but  in  the  ter- 
ritory between  the  alley  first  north  of  Avenue  A  and  the  chan- 
nel of  the  bay,  buildings  may  be  constructed  with  walls  cov- 
ered with  corrugated  or  galvanized  iron,  patent  sheet  iron 
shingles  or  slate,  on  application  to  the  board  in  writing,  by  a 
vote  of  two-thirds  of  the  members  thereof.  Any  person  who 
shall  violate  the  provisions  of  this  article  shall  be  fined  one 
hundred  dollars. 

Art.  239.  Each  and  every  building  of  any  size  or  kind 
hereafter  erected  outside  the  fire  limits,  east  of  Forty-fifth 
(45)  street,  within  the  city  of  Galveston,  shall  have  roofs  con- 
structed of  either  slate,  tin,  iron,  prepared  distilled  asphaltum 
felt  and  gravel  or  shell,  or  other  fireproof  material,  to  be  ap- 
proved by  the  chief  engineer  of  the  fire  department.  And  no 
roof  shall  be  renewed  only  in  accordance  with  the  provisions 
of  this  article,  and  no  roof  shall  be  repaired  with  shingles  or 
wood,  without  the  certificate  of  the  chief  of  the  fire 
department  that  said  repairs  are  valued  at  less  than  25  per 
cent,  of  the  cost  of  a  new  shingle  or  wood  roof.     Any  person 

134 


CITY    OF   GALVESTON.  ART.  240-241. 

who  shall  violate  the  provisions  of  this  article  shall  be  fined 
one  hundred  dollars. 

Art.  240.  Whenever  any  wooden  building  now  standing 
within  said  limits  shall  be  damaged  by  fire,  the  rebuilding  or 
repairing  of  the  same  is  hereby  prohibited,  unless  the  owner 
shall  first  obtain  a  permit  from  the  president  of  the  board ;  and 
before  the  president  shall  issue  any  such  permit  he  shall  cause 
such  building  to  be  inspected  by  the  chief  of  the  fire  depart- 
ment, with  three  experts  to  be  chosen  by  them,  who  shall 
appraise  the  damage  on  the  same,  and  if  the  fire  commis- 
sioner appraise  the  damage  to  said  building  to  be  fifty  per 
cent,  of  its  value  before  the  fire,  or  more,  no  permit  shall  be 
granted.  Any  person  who  shall  violate  the  provisions  of  this 
article  shall  be  fined  one  hundred  dollars. 

Art.  241.  That  when  any  building,  awning,  shed  or  other 
structure  of  any  kind  shall,  from  age,  neglect  or  other  cause, 
become  dilapidated,  the  same  is  hereby  declared  !a  nuisance ; 
and  on  complaint  being  made  to  the  president,  in  writing,  by 
ten  or  more  citizens,  that  any  such  building,  awning,  shed 
or  other  structure  has  become  dilapidated  and  is  a  nuisance, 
he  shall  cause  the  same  to  be  inspected  by  the  health  physician, 
the  city  engineer  and  the  chief  of  the  fire  department,  as  a 
board  of  inspectors,  and  if  the  same  be  reported  by  said  in- 
spectors, or  a  majority  thereof,  to  be  dilapidated  and  a 
nuisance,  he  shall  cause  the  same  to  be  inspected  by  the 
health  physician,  the  city  engineer  and  the  chief  of  the  fire 
department,  as  a  board  of  inspectors,  and  if  the  same  be 
reported  by  said  inspectors,  or  a  majority  thereof,  to  be 
dilapidated  and  a  nuisance,  the  president  shall  lay  said  report 
before  the  board  for  their  consideration  and  action,  and  give 
five  day's  notice  to  the  owner  or  agent  of  said  dilapidated 
building,  awning,  shed  or  other  structure,  to  appear  before 
the  board  and  show  cause  why  the  same  shall  not  be  de- 
clared a  nuisance  and  be  abated  and  removed,  and  if  the  board 
shall  adopt  the  report  of  the  inspectors,  by  a  majority  of 
two-thirds  of  the  board,  thereupon  the  president  shall,  in 
case  that  said  building,  awning,  shed  or  other  structure  is 
within  the  fire  limits,  cause  the  same  to  be  pulled  down  and 
removed,  as  he  may  deem  best,  giving  ten  days'  notice  to 
ii_  135 


Art.  242-245.      revised  ordinances  of  the 

the  owner  or  agent  to  remove  or  pull  down  the  same  so  that 
the  nuisance  may  be  abated ;  and  if  said  house,  awning,  shed 
or  other  structure  be  outside  the  fire  limits,  the  president 
shall  require  the  owner  or  agent  to  repair  the  same  or  abate 
it,  giving  ten  days'  notice  to  the  owner  or  agent  to  repair 
or  abate  the  same,  so  that  the  nuisance  be  abated. 

Art.  242.  And  if  the  owner  or  agent  aforesaid  shall  fail 
or  refuse  to  comply  with  the  order  of  the  president  contained 
in  said  notice,  within  ten  days  after  service  thereof  on  him 
aforesaid,  whether  the  building  or  structure  is  within  or 
without  the  fire  limits,  then  he  shall  be  punished  by  a  fine  of 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars, 
for  every  day  that  he  fails  to  comply  with  the  order  of  the 
president. 

Art.  243.  That  whenever  any  building,  or  any  fire-place, 
stove  or  range  therein,  shall  be  complained  of  as  dangerous 
to  the  contiguous  buildings,  or  likely  to  cause  fire,  the  same 
shall  be  inspected  as  provided  in  the  preceding  article  in 
case  of  dilapidated  buildings ;  and  if  the  inspectors  shall  report 
the  building  complained  of  to  be  dangerous  to  contiguous 
buildings,  or  as  likely  to  cause  or  promote  fires,  the  president 
shall  notify  the  owner  to  repair  or  remove  the  same  (except- 
ing wooden  buildings  within  the  fire  limits),  and  a  failure  or 
refusal  to  obey  said  notice  shall  subject  the  offender  to  a  fine 
of  ten  dollars  for  each  and  every  day  he  so  fails  or  refuses ; 
and  the  president  shall  cause  the  building  to  be  pulled  down 
or  removed  at  the  expense  of  the  owner. 

Art.  244.  Any  person  who  shall  continue  in  the  violation 
of  any  of  the  provisions  of  the  preceding  articles  of  this  chap- 
ter shall  be  fined,  as  therein  provided,  for  each  and  every  day 
they  shall  so  continue  in  such  violation. 

Art.  245.  It  shall  be  the  duty  of  the  chief  of  the  fire  depart- 
ment to  enforce  all  ordinances  for  the  prevention  and  spread 
of  fires,  and  the  storage  of  petroleum  and  combustibles,  and 
to  promptly  investigate  and  report  the  cause  or  origin  of  all 
fires  to  the  board,  in  writing.  He  shall  inspect  all  buildings 
in  process  of  construction  or  repair,  and  cause  all  flues  and 
chimneys  to  be  securely  built,  in  accordance  with  existing 
ordinances;    he    shall    be    authorized    to    enter    any    building 

136 


CITY   OF   GALVESTON.  AeT.  246-248. 

within  the  corporate  limits  of  the  city,  and  examine  the  con- 
dition of  any  fines,  stove-pipe  or  chimney  therein  and  require 
any  defect  in  such  condition  or  arrangement  to  be  promptly 
corrected. 

Art.  2-t6.  That  it  shall  be  unlawful  to  build  or  erect  any 
plank  sidewalk  or  platform  within  the  fire  limits  of  the  city; 
and  that  the  covering  or  paving  of  all  sidewalks  in  said  fire 
limits  shall  be  composed  of  fire-proof  material,  such  as  brick, 
shell,  stone,  asphaltum,  or  blocks  of  wood ;  and  each  day  such 
plank  sidewalk  or  platform  shall  remain  after  building  or 
erection  shall  constitute  a  separate  offense,  and  any  person 
who  shall  violate  the  provisions  of  this  article  shall  be  fined 
five  dollars  for  each  and  every  day  so  ofifending. 

Art.  247.  That  it  shall  be  unlawful  for  any  person  or 
persons  to  erect  or  build  any  house  or  building  whatever,  or 
begin  to  erect  or  build  the  same,  within  the  present  fire  limits 
of  the  city  of  Galveston,  or  within  any  other  or  extended  fire 
limits  that  may  be  fixed  by  any  future  ordinance,  without 
first  obtaining  from  the  city  engineer  a  certificate  thav  the 
entire  area  of  the  lot  or  part  of  lot  upon  which  he,  she  or 
they  intend  to  erect  or  build,  has  been  filled  to  the  established 
grade  of  the  street  in  front  of  the  lot,  and  to  the  established 
grade  of  the  alley  in  rear  of  the  same.  The  city  engineer  shall 
keep  a  book  of  registration,  in  which  he  shall  enter  in  differ- 
ent colums  the  name  of  the  person  applying  for  the  certificate, 
the  number  of  the  block,  the  number  of  the  lot,  the  date,  and 
whether  granted  or  refused.  Any  person  who  shall  violate 
the  provisions  of  this  article  shall  be  fined  fifty  dollars,  and 
shall  be  liable  to  a  further  fine  of  ten  dollars  for  each  and 
every  day  so  ofifending. 

Art.  248.  In  all  buildings  and  offices  within  the  city  limits 
where  cotton  samples  or  other  similar  inflammable  material  is 
kept  or  stored,  or  in  which  a  business  is  pursued  which  causes 
a  risk  from  fire,  there  shall  be  kept,  in  readiness  for  imme- 
diate use,  one  or  more  hydrants  with  sufficient  length  of  hose 
to  reach  any  part  of  the  building,  or  an  adaquate  number  of 
fire  extinguishers,  or  such  other  suitable  appliances  for  the 
extinguishment  of  fires  as  may  be  approved  by  the  chief  engi- 
neer.     Any   occupant    of   such    building,   offices    or   premises 

137 


Art.  249-251  a.     revised  ordinances  of  the 

failing  to  comply  with  the  requirements  of  this  article,  after 
ten  days'  notice  so  to  do,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof  before  the  recorder,  shall  be  fined  in  a 
sum  not  less  than  ten  dollars  nor  more  than  one  hundred  dol- 
lars. 

Art.  249.  The  chief  of  the  fire  department  is  hereby 
charged  with  the  duty  of  executing  these  regulations  by  in- 
spection of  all  such  buildings  and  offices,  by  giving  the  pre- 
scribed notice  when  necessary,  and  causing  the  arrest  and 
prosecution  of  all  persons  failing  and  refusing  to  comply 
therewith. 

Art.  250.  That  it  shall  be  unlawful  for  any  person  or  per- 
sons to  erect  any  buildings  in  this  city  without  first  applying 
to  the  president  for  a  permit,  which  application  shall  be  in 
writing,  giving  the  number  of  the  lot,  the  name  of  the  street 
or  alley  upon  which  said  building  is  proposed  to  be  erected, 
the  kind  of  material  to  be  used  in  the  construction  of  the 
same,  and  the  purpose  of  the  said  building,  and  any  person 
who  shall  obtain  a  building  permit  shall  commence  the  erec- 
tion of  such  building  within  six  months  after  the  date  of  such 
permit,  or  forfeit  any  rights  he  may  have  by  virtue  of  the 
same.  The  application  for  said  permit  shall  include  the  prob- 
able cost  of  the  building  to  be  erected.  It  shall  be  the  duty  of 
the  secretary  to  keep  a  registry  of  all  said  buildings.  Any 
person  or  persons  failing  to  comply  with  this  ordinance  shall 
be  fined  not  less  than  five  dollars  nor  more  than  ten  dollars 
for  each  and  every  day  they  continue  to  construct  said  build- 
ing without  said  permit,  or  after  the  forfeiture  of  the  same. 

CHAPTER  FOUR. 

PREVENTION   AND    EXTINGUISHING    OP'    FIRES. 

Art.  251.  An  alarm  of  fire  shall  be  given  by  ringing  two 
or  more  strokes  per  second  for  the  space  of  a  minute  or  more 
on  the  market  bell,  or  any  church  or  hotel  bell,  in  the  city  of 
Galveston,  or  any  steamboat  bell  in  the  harbor,  or  the  alarm 
bells  in  each  ward. 

Art.  251a.  Any  person  who  shall  make  a  false  alarm  of 
fire,  or  shall  ring  or  cause  to  be  rung  any  hotel,  steamboat, 

138 


CITY   OF   GALVESTON.  AUT.  252-254. 

church  or  similar  bell,  at  a  more  rapid  rate  than  one  stroke 
per  second  for  the  space  of  half  a  minute  or  more  (except  in 
cases  of  fire),  shall  be  liable  to  a  fine  of  twenty  dollars  or  ten 
days'  imprisonment. 

Art.  252.  That  it  shall  be  unlawful  for  any  person  or  per- 
sons to  give  false  alarms  from  any  box  connected  with  the  fire 
alarm  telegraph  of  this  city,  and  any  one  so  offending  shall  be, 
on  conviction  before  the  recorder,  fined  as  hereinafter  pro- 
vided. That  each  and  every  merchant  shall  be  and  is  hereby 
required  to  close  all  hatchways  in  his,  her  or  their  place  or 
places  of  business  before  leaving  same  at  night.  A  violation 
of  this  article  shall  subject  the  offender  to  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars,  and,  further,  to 
imprisonment  for  not  less  than  ten  nor  more  than  fifteen  days, 
unless  said  fine  and  costs  be  sooner  paid. 

Art.  253.  If  any  person  shall  make,  cause  to  be  made,  or 
have  in  his  possession  an  impression  or  duplicate  of  any  signal 
box  key,  without  the  express  permission  of  the  fire  commis- 
sioner or  chief  of  the  fire  department,  such  person  shall,  upon 
conviction  thereof,  be  fined  in  any  sum  not  less  than  five  dol- 
lars nor  more  than  one  hundred  dollars,  at  the  discretion  of 
the  court. 

Art.  254.  It  shall  be  unlawful  for  any  person  to  give,  or 
cause  to  be  given,  a  false  alarm  with  the  intent  to  deceive,  or 
pull  the  hook  of  any  station  or  signal  box,  except  in  case  of 
fire,  or  to  tamper,  meddle  or  interfere  in  any  manner  with 
said  boxes  or  any  part  thereof,  or  to  cut,  break  or  injure,  de- 
face or  remove  any  of  the  said  boxes,  or  any  of  the  wires  or 
supports  thereof,  connected  with  any  part  of  said  fire  tele- 
graph, or  to  make  any  connection  or  communication  there- 
with, so  as  to  interrupt  or  interfere  with  the  proper  working 
of  the  same,  or  with  evil  intent  to  injure,  break  or  destroy 
any  machinery  or  fixture  connected  with  it,  unless  by  per- 
mission of  the  chief  of  the  fire  department.  Any  per- 
son guilty  of  a  violation  of  any  of  the  provisions  of  this 
article  shall,  upon  conviction  thereof,  be  fined  in  a  sum  not 
less  than  five  dollars  nor  exceeding  two  hundred  dollars,  at  the 
discretion  of  the  court. 


139 


Art.  255-259.      revised  ordinances  of  the 

Art.  255.  It  shall  not  be  lawful  for  any  person  or  persons 
to  have  in  his,  her  or  their  possession,  within  the  city,  any  coal, 
wood,  plank,  staves,  shingles  or  other  lumber,  or  fuel  of  any 
description,  combustibles,  or  any  materials  that  may  occasion 
hazard  or  danger  of  fire,  unless  the  same  shall  be  secured  in 
such  mauner  as  shall  be  considered  by  the  president  or  chief 
of  the  fire  department  to  be  safe  from  any  danger  of  fire.  Any 
person  or  persons  refusing  to  move  the  said  articles,  when 
ordered  by  the  president,  shall  forfeit  and  pay  the  sum  of 
twenty-five  dollars  for  every  day  such  refusal  or  neglect  shall 
continue. 

Art.  256.  It  shall  not  be  lawful  for  any  person  or  persons 
to  fire  or  discharge  any  gun,  pistol,  fowling  piece  or  firearms, 
or  to  discharge  or  let  off  any  rocket,  cracker,  squib  or  other 
fireworks  in  any  street,  yard,  lot,  alley,  walk  or  public  high- 
way within  the  limits  of  the  city,  or  from  the  door  or  window 
of  any  house  or  other  building,  or  near  any  house  in  any  in- 
habitable part  of  the  city,  under  a  penalty  of  five  dollars  for 
each  offense,  if  the  person  so  oft'ending  is  over  the  age  of  four- 
teen years;  and  if  under  the  age  of  fourteen,  then  such  per- 
son's parent  or  guardian  shall  pay  such  penalty;  provided, 
that  nothing  contained  in  this  article  shall  prohibit  the  presi- 
dent of  the  city  from  granting  special  permits  to  such  associ- 
ations as  w  ill.  in  his  judgment,  discharge  firearms  or  fire- 
works without  danger  to  life  and  property. 

Art.  257.  It  shall  not  be  lawful  for  any  person  or  persons 
to  carry  or  cause  to  be  carried  in  the  streets  or  alleys  any 
burning  coals  or  brands,  unless  the  same  be  shut  up  in  a  cov- 
ered vessel,  and  any  person  offending  against  the  provisions 
of  this  article  shall  be  subject  to  a  fine  of  five  dollars. 

Art.  258.  It  shall  not  be  lawtul  for  any  person  living 
within  the  limits  of  the  city  to  build,  or  make,  or  have  a  fire  in 
his,  her  or  their  yard,  or  in  the  alleys  or  streets  of  said  city. 
And  each  and  every  person  offending  therein  shall  be  subject 
for  each  offense  to  a  fine  of  not  more  than  one  hundred  dollars. 

Art.  259.  It  shall  not  be  lawful  to  erect  or  use  any  stove 
or  franklin,  unless  the  pipe  thereof  be  conducted  into  a  flue 
or  chimney  made  of  brick  or  stone.  The  walls  of  such  flue  or 
chimney  shall  be  not  less  than  four  inches  in  thickness,  and 

140 


CITY  OF  GALVESTON.  ART.  260-262. 

shall  be  plastered  both  inside  and  outside,  where  passing 
through  woodwork  ;  nor  shall  any  naked  pipe  be  allowed  to 
pass  through  the  floor  or  ceiling  of  any  building ;  and  in 
every  wooden  wall,  partition  floor  and  ceiling  through  which 
a  pipe  is  to  pass,  there  shall  be  placed  a  stone  or  earthen 
crock,  or  double  tin  or  galvanized  iron  cylinder,  through  which 
such  pipe  shall  extend ;  and  between  such  crock  and  cylinder 
and  such  pipe  there  shall  be  a  space  of  at  least  one  inch,  and 
the  pipe  shall  be  at  least  four  inches  from  the  wall,  partition 
or  any  woodwork.  No  flue  shall  be  constructed  within  the 
corporate  limits  of  the  city,  unless  of  brick,  stone  or  cement, 
and  not  less  than  four  inches  in  thickness;  and  it  shall  be  the 
duty  of  any  owner,  mechanic  or  other  person  constructing  a 
flue  or  chimney,  to  give  notice  in  writing,  at  the  president's 
office,  of  the  time  when  such  work  shall  be  in  process  of  con- 
struction, and  stating  the  number  of  the  lot  and  block  on 
which  the  same  is  to  be  erected;  and  it  is  the  duty  of  the 
chief  of  the  fire  department  to  examine  the  same  and  report 
any  violations  of  the  provisions  of  this  ordinance  to  the  presi- 
dent. 

Art.  260.  Every  violation  of  this  article  will  be  punisha- 
ble by  a  fine  of  not  less  than  five  nor  more  than  one  hundred 
dollars,  and  a  failure  to  remove  same,  after  being  duly  noti- 
fied, shall  subject  the  offender  to  a  penalty  of  five  dollars  per 
day  for  each  and  every  day  thereafter. 

Art.  261.  There  shall  be  imposed  a  fine  of  five  dollars 
upon  any  mechanic,  or  other  person,  who  shall  erect  or  put 
up  any  stovepipe  in  violation  of  the  provisions  of  the  preced- 
ing article. 

Art.  262.  It  shall  be  the  duty  of  all  persons  using  a  stove 
or  stoves  in  any  house,  store,  shop  or  building  within  the 
corporate  limits  of  the  city,  to  have  a  platform  of  stone, 
brick,  sheet  iron  or  earth  under  the  said  stove  or  stoves, 
extending  at  least  six  inches  in  every  direction  beyond  that 
part  of  the  lower  plate  that  fronts  the  door  or  doors  of  said 
stove  or  stoves ;  and  any  person  failing  to  observe  or  conform 
to  this  direction  shall  be  liable  to  be  fined  not  exceeding  five 
dollars  for  each  and  every  day  the  same  shall  be  used. 


141 


Art.  263-267.      kevised  oedinances  of  the 

Art.  263.  No  person  or  persons  shall  be  allowed  to  keep 
in  his,  her  or  their  stores,  house  or  houses,  or  upon  their 
premises,  or  upon  or  in  any  street,  sidewalk  or  alley  adjoining 
to  or  near  said  premises,  at  any  one  time,  a  larger  quantity 
than  twenty-five  pounds  of  gun  or  other  explosive  powder,  and 
provided  further,  that  such  powder  shall  be  kept  in  canisters 
or  kegs;  and  any  person  or  persons  violating  this  article 
shall,  on  due  conviction  thereof,  be  fined  in  a  sum  of  not  less 
than  ten  nor  more  than  one  hundred  dollars ;  and  if  said  fine 
be  not  paid,  shall  be  imprisoned  for  a  period  of  not  less  than 
five  nor  more  than  thirty  days. 

Art.  264.  That,  where  any  avvning  is  or  may  be  estab- 
lished over  the  banquette  of  a  street,  or  any  portion  thereof, 
that  there  shall  either  be  a  space  left  between  the  top  of  an}?- 
public  lamp  and  the  roof  of  any  such  awning  of  three  feet  in 
the  clear,  or  there  shall  be  an  aperture  in  the  roof  of  such 
awning,  leaving  a  space  of  ten  inches  at  least  between  any 
openhig  made  or  to  be  made  in  the  awning  or  roof  thereof  and 
the  circumference  of  the  globe  of  any  public  lamp  that  is  or 
may  be  erected  in  or  under  such  awnings. 

Art.  265.  That  the  owner  or  owners  of  any  and  all  awn- 
ings extending  over  any  banquette,  or  part  thereof,  where  a 
public  lamp  is  or  shall  be  erected,  shall  see  to  it  that  article 
264  is  obeyed  and  carried  out,  and  shall  make,  or  cause  to  be 
made,  the  necessary  elevation  or  elevations,  aperture  or  aper- 
tures, to  or  in  any  and  all  awnings  so  owned  by  him,  her  or 
them;  and,  in  default  thereof,  shall  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars  for  each  and  every  week 
such  person  may  neglect  to  comply  with  the  provisions  hereof. 

Art.  266.  That  it  shall  be  unlawful  for  any  person  to 
smoke  any  pipe,  cigar  or  cigarette,  or  use  fire  in  any  form 
except  in  stoves,  lanterns  or  furnaces,  on  any  wharf  or  levee, 
or  in  any  warehouse,  depot  or  cotton  press  or  cotton  yard, 
where  any  cotton  bales  are  stored  or  in  transit,  or  on  any 
freight  car,  float  or  vehicle  loaded  with  cotton  bales,  within 
the  city  of  Galveston. 

Art.  267.  That  it  shall  be  unlawful  for  any  person  to 
smoke  any  pipe,  cigar  or  cigarette,  or  use  fire  in  any  form  ex- 
cept in  stoves,  lanterns  or  furnaces  on  deck  of  any  ship,  ves- 

142 


CITY  OF  CtAlveston.  Art.  268-270. 

sel  or  barge  where  cotton  bales  are  stored,  or  in  any  hold  or 
compartment  of  any  ship,  vessel  or  barge  where  cotton  bales 
are  stored,  or  being  stored,  within  the  police  jurisdiction  of 
the  city  of  Galveston,  as  designated  in  section  2  of  the  city 
charter. 

Art.  268.  That  it  shall  be  unlawful  for  an}-  person  having 
in  charge  any  steam  engine,  electric  car,  or  vehicle  of  any  kind 
whatsoever,  to  pass  over  or  across  any  hose  belonging  to  or 
appurtenant  to  the  fire  department  of  the  city  of  Galveston, 
or  belonging  to  any  person  or  corporation,  when  same  is 
being  used  to  extinguish  fires,  with  said  steam  engine,  electric 
car  or  vehicle  of  any  kind ;  and  any  person  violating  this  ordi- 
nance, upon  conviction  thereof  in  the  recorder's  court  of  the 
city  of  Galveston,  shall  be  fined  for  each  ofifense  not  less  than 
ten  dollars  and  not  more  than  fifty  dollars. 

Art.  269.  Any  person  who  shall  violate  any  provision  of 
the  three  preceding  articles  shall,  on  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  less  than  ten  dollars  nor 
more  than  fifty  dollars. 

Art.  270.  That  where  any  hotel,  theatre,  opera  house  or 
other  building  or  structure  within  the  corporate  limits  of 
the  city  of  Galveston,  either  already  erected  and  completed  or 
in  course  of  erection,  or  that  may  hereafter  be  erected,  which 
is  used,  employed  or  intended  for  the  accommodation  of  the 
public  and  where  people  in  large  numbers  or  crowds  are  in- 
vited or  assembled,  is  so  defectively  planned  or  arranged  and 
constructed  with  reference  to  the  safe  and  easy  exit  or  escape, 
in  the  event  of  such  building  or  structure  catching  on  fire,  of 
all  persons  at  the  time  assembled  therein,  as  to  render  said 
building  or  structure  unsafe  or  dangerous  to  human  life  or 
limb,  in  such  an  emergency,  the  same  may  be  declared  imsafe 
and  a  nuisance  ;  and  on  complaint  being  made  to  the  president, 
in  writing,  that  such  building  or  structure  is  unsafe  or  dan- 
gerous to  human  life  or  limb,  and  a  nviisance,  he  shall  cause 
the  same  to  be  inspected  by  the  chief  of  the  fire  department, 
the  city  engineer  and  some  architect  to  be  selected  by  the 
said  president  as  a  board  of  inspectors  ;  and  if  the  said  build- 
ing or  structure  be  reported  by  said  inspectors,  or  a  majority 
of  them,  to  be  unsafe  or  dangerous  to  human  life  or  limb,  the 

143 


Art.  271-273.      eevised  ordinances  of  the 

president  shall  lay  said  report  before  the  board  for  their  con- 
sideration and  action,  and  shall  give  five  days'  notice  to  the 
owner  or  agent  of  such  unsafe  or  dangerous  building  or  struc- 
ture to  appear  before  the  board  and  show  cause  why  the  same 
should  not  be  declared  unsafe  or  dangerous  and  a  nuisance ; 
and  if  the  board  adopt  the  report  of  the  inspectors  by  a  ma- 
jority of  two-thirds,  the  president  shall  require  the  owner  or 
agent  of  said  unsafe  or  dangerous  building  or  structure  to  alter, 
change,  repair  or  otherwise  improve  the  same  in  such  partic- 
ulars and  to  such  extent  as  the  said  inspectors  may  in  their 
said  report  state  to  be  necessary  to  render  the  said  building 
or  structure  safe  and  easy  of  exit  or  escape  to  all  persons 
who  may  be  assembled  therein  in  time  of  alarm  of  fire  or  other 
exciting  cause,  giving  to  such  owner  or  agent  twenty  days' 
notice  to  make  such  alterations,  changes,  repairs  or  other  im- 
provement. 

Art.  371.  And  if  the  owner  or  agent  aforesaid  shall  fail 
or  refuse  to  comply  with  the  order  of  the  president  contained 
in  said  notice,  or  in  good  faith  to  set  about  the  making  of 
such  alterations,  changes,  repairs  or  improvements  within 
twenty  days  after  service  thereof  on  him  aforesaid,  then  he 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  dollars  for  every  day  that  he  fails 
to  comply  with  such  order  of  the  president. 

Art.  272.  It  shall  be  the  duty  of  the  harbor  master,  chief 
of  police  and  all  policemen  to  strictly  enforce  the  provisions 
of  this  chapter  by  promptly  arresting  and  prosecuting  all  vio- 
lations thereof. 

CHAPTER  FIVE. 

OIL    AND    OIL    STORAGE. 

Art.  273.  It  shall  be  unlawful  for  any  person  to  keep, 
store,  manufacture,  refine  or  mix  or  cause  or  aid  or  abet  in  the 
keeping,  storing,  manufacture,  refinement  or  mixing  for  sale, 
use,  or  any  purpose  whatever,  in  any  one  place,  store,  ware- 
house, building  or  tenement  or  upon  or  in  any  yard,  lot,  street, 
sidewalk,  alley,  premises  or  other  locality  within  the  corpor- 
ate limits  of  the  city,  in  a  quantity  exceeding  eighty  gallons 
any  camphene,  illuminating  or  fuel  oil  or  burning  fluid,  kero- 

144 


CITY   OF  GALVESTON.  ART.  274-275. 

sene,  benzine,  benzole,  naptha,  gasoline  or  any  other  product 
by  distillation  of  coal,  coal  oil,  petroleum,  asphaltum  or  shale 
of  peat  or  any  other  inflammable  oils  or  fluids  of  any  kind  or 
nature  whatsoever,  except  as  is  otherwise  provided  for  in  this 
ordinance  ;  and  any  person  found  guilty  of  violating  any  pro- 
vision of  this  section  shall  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollars;  and  each  day  upon  which 
this  section  shall  be  so  violated  shall  constitute  a  separate 
offense. 

Art.  274.  That  any  person  desiring  to  store,  keep,  manu- 
facture, refine  or  mix  for  sale,  use  or  any  other  purpose  in  any 
one  locality  within  the  corporate  limits  of  the  city  any  of  the 
articles  named  in  the  first  section  of  this  ordinance,  in  a  quan- 
tity exceeding  eighty  gallons  shall  cause  such  locality,  its  sur- 
roundings and  all  provisions  made  thereon  for  the  intended 
purposes  to  be  actually  and  thoroughly  examined,  surveyed 
and  inspected  by  the  chief  of  the  fire  department  and  shall  ob- 
tain from  him  a  certificate  that  he  has  actually  and  thoroughly 
examined,  surveyed  and  inspected  such  locality,  specifically 
describing  the  same  and  the  location  and  character  of  the 
building  or  premises  to  be  used  for  such  purposes  and  the 
character  and  uses  and  proximity  of  the  surrounding  build- 
ings, if  any,  within  one  hundred  feet  of  the  place  where  such 
article  is  to  be  located,  and  that  the  premises  or  buildings 
in  or  upon  which  sucIt  article  is  to  be  located  is  provided  with 
suitable  tanks,  levees,  embankments  or  excavations  to  keep, 
store  and  retain  such  article  and  to  prevent  its  overflow  or  es- 
cape, and  that  the  contemplated  use  of  such  premises  will 
not  endanger  the  adjoining  or  other  premises,  in  the  event 
of  accident  or  fire.  Such  certificate  shall  also  state  the 
nature  and  capacities  of  such  tanks,  levees,  embankments  or 
excavations,  the  nature  and  quantity  of  the  oil,  fluid,  or  other 
such  article  to  be  kept  therein  and  whether  for  sale  or  for 
whatever  other  use. 

Art.  275.  Such  certificate  of  examination,  survey  and  in- 
spection shall  be  returned  to  the  president  of  the  board  of 
commissioners,  who,  if  he  approves  the  same,  is  hereby  au- 
thorized to  issue  to  the  person  by  name,  for  whom  such  sur- 
vey was  made,  a  license  or  permit  to  keep,  store,  manufac- 

145 


Art.  276-277.       revised  ordinances  of  the 

ture,  refine  or  mix  (as  the  case  may  be  on  such  premises  such 
articles  of  the  kind  and  in  quantity  and  for  such  purposes  and 
in  such  mode  and  manner,  and  under  such  limitations  and  con- 
ditions only  as  said  president  shall  deem  expedient  or  pru- 
dent; all  of  which  shall  be  specifically  set  forth  in  such  license, 
cense.  Such  license  shall  not  be  transferable,  but  shall 
be  subject  to  revocation  whenever  the  licensee  shall 
violate  its  provisions  or  any  ordinance  or  other  regula- 
tion now  or  hereafter  of  force,  or  whenever  for  other 
sufficient  cause  the  board  of  commissioners  shall  order  its 
discontinuance.  During  its  continuance  the  person  to  whom 
such  license  is  issued  may,  within  its  terms,  limitations  and 
conditions  (but  not  otherwise,  either  for  himself  or  any  other 
person),  store,  keep,  manufacture,  refine  or  mix  such  articles 
as  are  therein  named.  In  case  the  president  shall  refuse  to  is- 
sue such  license  as  is  desired,  the  person  desiring  the  same 
may  apply  to  the  board  of  commissioners,  who  may  make 
such  order  as  they  deem  proper  in  the  premises. 

Every  person  holding  such  license  shall  keep  the  same 
hung  or  posted  in  some  open,  conspicuous  and  convenient 
place  on  the  premises  to  which  such  license  applies,  so  that  the 
same  may  at  any  time  during  business  hours  be  easily  seen 
and  inspected,  and  he  shall  permit  and  it  shall  be  lawful  for 
any  member  of  the  police  force,  the  police  and  fire  commis- 
sioner, the  chief  or  the  fire  department  or  any  person  desig- 
nated by  either  of  them  or  by  the  president  of  the  board  of 
commissioners  to  enter  upon  such  premises  at  any  time  and 
examine  and  inspect  the  same  or  any  part  thereof  and  to  take 
samples  of  any  article  found  thereon. 

Art.  276.  No  license  shall  be  granted  for  storing,  keeping, 
manufacturing,  refining  or  mixing  any  of  the  articles  named  in 
section  one  of  this  ordinance  upon  any  wharf  nor  in  any  part 
of  a  building  occupied  in  whole  or  in  part  as  a  dwelling  house, 
nor  above  the  first  floor  of  any  building,  unless  specially  au- 
thorized by  the  board  of  commissioners. 

Art.  277.  None  of  the  articles  mentioned  in  article  273 
of  this  ordinance  shall,  except  as  by  this  ordinance  is  other- 
wise specially  provided,  be  stored  or  kept  otherwise  than  in 
tanks  made  of  metal  having  a  thickness  of  at  least  one-eighth 

146 


CITY  OF  GALVESTON.  AeT.  278-279. 

of  one  inch  and  a  bursting  strength  of  at  least  one  hundred 
pounds  per  square  inch,  and  every  such  tank  shall  be  provided 
with  suitable  means  properly  arranged  to  safely  and  easily 
carry  off  all  gas  generated  therein  and  to  prevent  communica- 
tion of  fire  to  the  contents  through  supply  pipes  or  otherwise; 
and  no  tank  having  a  capacity  exceeding  fifteen  thousand  gal- 
lons shall  be  located  anywhere  within  the  corporate  limits  of 
the  city  except  upon  license  or  permit  granted  therefor  by 
resolution  or  ordinance  of  the  board  of  commissioners. 

Art.  278.  Such  tanks  may  be  located  either  above  or  below 
ground  or  partly  above  and  partly  below  ground,  and  when 
located  wholly  or  partly  above  ground  they  shall  be  sur- 
rounded by"  suitable  excavations  or  embankments  substantially 
and  securely  constructed  and  of  capacity  at  least  double  the 
maximum  capacity  of  such  tank,  and  shall  be  so  placed  as  to 
allow  free  access  for  external  inspection  of  all  parts  of  such 
tank.  If  constructed  wholly  above  ground  such  tank  shall  be 
placed  at  least  one  hundred  feet  from  the  nearest  building;  if 
constructed  wholly  or  partly  under  ground  such  tank  shall  be 
placed  at  such  distance  from  the  nearest  building  as  the  li- 
cense  granted  may  prescribe,  in  no  case  to  be  less  than  ten 
feet. 

That  there  shall  be  at  least  thirty  feet  of  clear  space  be- 
tween each  such  tank  as  is  contemplated  by  this  ordinance  and 
the  nearest  tank  thereto,  whether  such  tank  be  of  the  capacity 
of  15,000  gallons  or  less. 

Art.  279.  Xo  such  tank  shall  be  located  in  or  under  any 
street,  alley  or  other  highway  or  enclosure  space  except  by 
special  permit  from  the  board  of  commissioners  and  under  the 
following  conditions  and  requirements,  viz:  The  capacity  of 
such  tank  shall  not  exceed  six  hundred  and  twenty-five  gal- 
lons ;  it  shall  be  placed  wholly  underground,  the  earth,  pave- 
ment, or  other  surface  of  the  street,  sidewalk  or  alley  above 
such  tank  shall  be  firmly  supported  and  maintained  free  from 
all  contact  with  such  tank  and  without  prejudice,  danger  or 
damage  to  or  interference  with  the  public  travel  and  traffic 
along  such  street  or  other  lawful  use  thereof,  and  shall  in  no 
way  interfere  with  or  obstruct  any  underground  franchise  or 
rights   previously   granted   for   water,   gas,   sewers,   lights   or 

147 


Am'.  280-282.         REVISED  ORDINANCES  OF  THE 

Other  purposes :  nor  shall  it  be  located  nearer  than  ten  feet  to 
the  nearest  building  or  structure ;  and  if  any  building  or  struc- 
ture not  existing  at  the  time  of  placing  such  tank  be  there- 
after constructed  or  placed  within  ten  feet  of  such  tank,  then 
the  further  use  of  such  tank  shall  be  abandoned  and  the  per- 
mit or  license  granted  for  the  location  of  such  tank  shall  there- 
upon cease  and  determine  and  the  owner  thereof  shall  forth- 
with remove  the  same  at  his  own  expense  and  restore  the 
ground  or  place  from  which  it  was  taken  to  the  condition  in 
which  it  was  before  such  tank  was  so  located ;  and  in  case  the 
owner  shall  fail  or  refuse  to  so  remove  such  tank  and  restore 
the  ground  or  place  where  such  ^ank  was  located,  after  notifi- 
cation by  the  chief  of  the  fire  department  to  do  so,  he  shall  be 
fined  in  a  sum  not  exceeding  one  hundred  dollars  for  each  day 
he  so  fails  to  remove  such. tank  and  restore  the  ground  or 
place,  and  the  city  may  cause  such  tank  to  be  removed  and 
the  ground  or  place  where  located  to  be  so  restored  at  the  cost 
and  expense  of  the  owner  of  such  tank. 

Art.  280.  All  work  of  excavation  for  such  tank,  the  con- 
struction and  placing  of  same  in  position  and  of  restoring  and 
maintaining  the  earth,  pavement  or  other  surface  of  such 
street,  sidewalk  or  alley  shall  be  done  as  directed  by  and  under 
the  supervision  and  control  of  the  city  engineer  and  to  his  sat- 
isfaction and  approval  before  such  tank  shall  be  used. 

Art.  281.  That  the  board  of  commissioners  of  the  city  of 
Galveston  reserve  the  right  at  all  times  to  withhold  or  revoke 
any  such  permit  as  is  provided  for  in  this  ordinance,  and  to 
further  restrict  and  modify  the  terms  and  conditions  upon 
which  the  same  may  be  used  or  continued  according  to  the 
risks  in  any  particular  case,  and  to  the  demands  of  the  public 
safety  and  interests. 

CHAPTER  SIX. 

SPARK  ARRESTERS  ON  VESSELS  PROPELLED  BY  STEAM. 

.  Art.  282.  It  shall  be  the  duty  of  every  owner,  agent,  mas- 
ter or  captain  of  any  vessel,  boat,  tug  or  craft,  propelled  in 
whole  or  in  part  by  steam,  and  on  which  any  steam  engine  or 
steam  boiler  is,  or  is  used,  immediately  upon  the  arrival  of 
such  vessel  at  any  wharf,  dock  or  pier  within  the  port  of  Gal- 

148 


CITY   OF   GALVESTON.  ART.  283-285. 

veston,  to  cover  all  funnels  and  smokestacks  securely  with  a 
first-class  spark  arrester  or  arresters,  and  any  owner,  agent, 
master  or  captain  failing  to  comply  with  the  provisions  of  this 
article,  shall,  upon  the  conviction  thereof  before  the  recorder 
of  the  city  of  Galveston,  be  fined  as  hereinafter  provided. 

Art.  383.  It  shall  be  the  duty  of  every  person  owning  or 
operating  any  steam  locomotive,  steam  engine,  donkey  en- 
gine, or  stationary  engine,  on  or  about  the  wharves,  piers  or 
levees  of  the  city  of  Galveston,  between  7th  street  on  the  east 
and  35th  street  on  the  west,  and  between  the  north  side  of 
avenue  A  on  the  south,  and  the  channel  on  the  north,  to  cover 
the  smokestacks  of  each  and  every  such  steam  locomotive, 
steam  engine,  donkey  engine,  or  stationary  engine  securely 
with  a  first-class  spark  arrester,  and  any  person  owning  or 
operating  such  steam  locomotive,  steam  engine,  donkey  en- 
gine, or  stationary  engine  without  so  covering  the  smoke- 
stack thereof,  upon  conviction  thereof  before  the  recorder  of 
the  city  of  Galveston  shall  be  fined  as  hereinafter  provided. 

Art.  284.  It  shall  be  the  duty  of  every  owner,  agent,  mas- 
ter or  captain  of  any  vessel,  boat,  tug  or  craft,  immediately 
upon  its  arrival  in  this  port,  to  compel  its  fire  hose  and  have 
the  same  ready  for  immediate  use  at  all  times  while  in  this  port 
and  sufficient  steam  shall  be  kept  up  night  and  day  on 
the  donkey  engine,  -or  on  one  of  the  main  boilers  to  enable  a 
full  stream  of  water  to  be  turned  into  any  compartment  of 
such  boat,  tug,  vessel  or  craft  at  any  time ;  and,  in  the  event 
that  such  vessel,  boat,  tug  or  craft  shall  not  be  provided  with 
sufiicient  hose  to  reach  each  and  every  hatch  of  said  vessel, 
boat,  tug  or  craft,  then  it  shall  be  the  duty  of  the  owner,  agent, 
master  or  captain  thereof  to  immediately  supply  said  vessel, 
boat,  tug  or  craft  with  sufficient  hose  so  to  do,  and  any  fail- 
ure to  comply  with  either  of  the  provisions  of  this  section 
shall  be  punished  as  hereinafter  provided. 

Art.  285.  It  shall  be  the  duty  of  every  agent,  owner,  mas- 
ter or  captain  of  any  vessel  while  loading  or  discharging  a 
vessel  in  this  port  to  protect  or  have  protected  all  hatch- 
combings  so  that  the  cargo  as  loaded  or  unloaded  shall  not 
come  in  contact  with  the  combings.  Failure  so  to  do  shall  be 
punishable  as  hereinafter  provided. 

149 


Art.  286-292.      revised  ordinances  of  the 

Art.  '286.  It  shall  be  unlawful  for  any  person  to  smoke 
any  pipe,  cigar  or  cigarette  on  the  deck  or  in  the  holds  of  any 
vessel  while  loading  in  this  port.  Any  violation  of  this  pro- 
vision shall  be  punished  as  hereinafter  provided. 

Art.  287.  It  shall  be  unlawful  for  any  person  to  have, 
carry,  take  or  use  any  light,  lantern  in  the  hold  or  holds  of  any 
vessel  loading  or  unloading  in  this  port,  except  such  light  be 
a  closed  and  locked  lantern ;  and  any  violation  of  this  pro- 
vision shall  be  punished  as  hereinafter  provided. 

Art.  288.  It  shall  not  be  lawful  while  any  vessel  is  en- 
gaged in  loading  cotton,  or  before  her  load  is  complete,  in  this 
port,  for  any  person  to  paint  in  or  about  any  part  of  any  hold 
of  said  vessel ;  and  any  person  violating  this  provision  shall 
be  punished  as  hereinafter  provided. 

Art.  289.  It  shall  be  the  duty  of  every  master  of  any  ves- 
sel while  in  this  port,  and  while  loading  or  unloading,  to  see 
that,  as  soon  as  work  is  stopped  for  the  day,  all  hatches  are 
put  on  and  covered  with  tarpolins ;  and,  any  master  violating 
this  provision  shall  be  punished  as  hereinafter  provided. 

Art.  290.  It  shall  be  the  duty  of  every  master,  captain, 
agent  or  owner  of  every  vessel  of  every  sort  and  description, 
while  loading  or  unloading  in  this  port,  to  place  and  keep  at 
or  near  each  hatch  or  barrel  filled  with  water,  to  be  used  only 
in  case  of  fire,  to  which  said  barrel  shall  be  attached  two 
buckets,  to  be  used  only  in  case  of  fire  ;  and  any  master,  agent, 
owner  or  captain  of  any  vessel  loading  or  unloading  in  this 
port  violating  the  provision  of  this  section,  or  failing  to  com- 
ply therewith,  shall  be  punished  as  hereinafter  provided. 

Art.  291.  Any  person  violating  any  provision  of  this  chap- 
ter shall,  upon  conviction  of  such  violation  before  the  recorder 
of  this  city,  be  punished  by  a  fine  of  not  less  than  five  dollars 
($5)   nor  more  than  fifteen  dollars   ($15). 

Art.  292.  That  it  shall  be  unlawful  for  any  person  to  have, 
hold  or  carry  upon  any  wharf,  pier,  dock  or  levee  of  ihe  city 
of  Galveston,  or  any  other  place  where  there  may  be  cotton 
stowed  or  placed  for  shipment,  any  match  or  matches,  unless 
the  same  shall  be  inclosed  in  a  metal  box  or  case.  Any  person 
violating  the  provisions  of  this  article  shall  be,  unon  conviction 


150 


CITY    OF   GALVESTON,  AET.  293-295. 

of  such  violation  before  the  recorder  of  the  city  of  Galveston, 
fined  in  a  sum  not  less  than  five  dollars  nor  more  than  twent}^- 
five  dollars. 

CHAPTER   SE\'EN. 

ERECTION    OF    FIRE    ESCAPES. 

Art.  293.  That  all  buildings,  except  such  as  are  used  as  pri- 
vate residences  exclusively,  situated  within  the  limits  of  the 
cit}^  of  Galveston,  of  three  or  more  stories  in  height,  and  used 
or  occupied  by  ten  or  more  persons,  or  in  which  ten  or  more 
persons  may  be  employed  or  engaged,  shall  be  provided  with 
at  least  one  fire  escape  on  each  and  every  outside  wall  thereof, 
whether  said  wall  be  on  the  street  or  on  the  alley  in  said 
city. 

Art.  29-i.  Said  fire  escape  shall  be  constructed  of  steel  or 
iron,  and  firmly  attached  to  the  said  buildings;  and  shall  be 
so  arranged  and  constructed  that  safe  access  may  be  had 
thereto  from  each  and  every  floor  above  the  first  or  ground 
floor.  And  said  fire  escapes  shall  be  so  constructed  as  to 
sustain  a  weight  of  at  least  five  thousand  pounds,  and  in  a 
good  and  substantial  manner,  subject  to  the  approval  of  the 
chief  of  the  fire  department. 

Art.  295.  It  shall  be,  and  is  hereby  made,  the  duty  of  the 
chief  of  the  fire  department  of  the  city  of  Galveston  to  in- 
spect and  examine  all  such  buildings,  within  the  limits  of 
the  said  city  of  Galveston,  acting  within  the  provisions  of 
this  ordinance.  And  upon  finding  that  any  such  building  is 
without  a  fire  escape,  said  chief  may,  and  it  is  hereby  made 
his  duty,  by  written  notice  served  upon  the  owner,  lessee 
or  occupant  of  any  such  building,  by  leaving  with  such 
owner,  lessee  or  occupant,  at  his  or  their  residence  or  place 
of  business,  a  copy  of  such  notice — to  require  such  owner, 
lessee  or  occupant,  or  either  of  them,  to  cause  such  fire 
escape  to  be  placed  upon  such  building  within  thirty  days 
from  and  after  the  service  of  such  notice;  provided,  how- 
ever, that  all  buildings  more  than  two  stories  in  height  and 
used  for  manufacturing  purposes,  shall  have  one  suitable 
fire  escape  for  every  twenty-five  persons  or  more  employed 
above  the  second  story. 

12—  151 


Art.  296-299.      revised  ordinances  of  the 

Art.  296.  Any  owner,  lessee  or  occupant,  or  either  of 
them,  of  an}^  building  now  constructed  within  the  limits  of 
the  city  of  Galveston  who  shall  refuse  to  provide  fire  es- 
capes in  the  number  and  of  the  construction  herein  provided 
for,  within  sixty  days  after  the  service  of  notice  provided 
for  in  the  preceding  section,  shall  be  deemed  guilty  of  a 
misdemeanor;  and  upon  conviction  thereof,  before  the  re- 
corder of  this  city,  shall  be  fined  in  a  sum  not  less  than  ten 
dollars  ($10)  nor  more  than  fifty  dollars  ($50)  ;  and  each 
day  that  any  building,  after  the  limit  herein  provided,  shall 
be  allowed  to  remain  without  such  fire  escapes,  shall  con- 
stitute a  separate  offense. 

Art.  297.  It  shall  be  unlawful  to  hereafter  erect  in  this 
city  any  building  of  the  description  herein  contained,  without 
providing  said  building  with  fire  escapes  in  the  number  and 
of  the  construction  herein  provided ;  and  the  erection  of 
such  building,  without  such  fire  escapes,  shall  be  deemed  a 
misdemeanor,  and  the  owner  of  such  building,  upon  con- 
viction thereof,  before  the  recorder  of  this  city,  shall  be 
fined  in  a  sum  not  less  than  ten  dollars  ($10)  nor  more  than 
fifty  dollars  ($50)  ;  and  each  day  that  any  such  building  is 
allowed  to  remain  without  such  fire  escapes,  shall  constitute 
a  separate  offense. 

CHAPTER  EIGHT. 

SMOKE   STACKS. 

Art.  298.  That  whenever  within  the  fire  limits  of  the  city 
of  Galveston,  there  is  erected  any  smokestack  or  pipe  from 
which  there  is  emitted  smoke  from  any  boiler,  engine,  or 
pipe,  laundry  or  steam  or  electric  generating  machinery,  such 
pipe  or  stack  shall  be  raised  to  a  sufficient  height  to  carry 
the  smoke  discharged  therefrom,  above  and  over  adjoining 
buildings  and  buildings  within  a  distance  of  three  hundred 
feet  from  said  pipe  or  stack. 

Art.  299.  A  failure  to  so  erect  anv  such  pipe  or  stack 
within  the  fire  limits,  shall  be  deemed  a  misdemeanor  and, 
upon  conviction  thereof  before  the  recorder  of  the  city  of 
Galveston,  the  owner  or  lessee  of  the  building  in  which  said 
stack  or  pipe  is  erected  shall  be  fined  in  a  sum  not  to  exceed 

152 


CITY   OF   GALVESTON.  ART.  300-022. 

twenty-five  dollars  for  each  day  which  said  pipe  or  stack 
is  allowed  to  remain  in  a  condition  violative  of  the  provisions 
of  this  ordinance. 

Art.  300.  All  pipes  or  smoke  stacks  heretofore  erected  and 
now  within  said  fire  limits  are  hereby  declared  to  be  nuisances 
and  thirty  days  from  the  passage  of  this  ordinance  is  hereby 
given  within  which  to  erect  or  repair  the  same  in  accord- 
ance with  the  provisions  hereof;  and  any  person,  firm  or 
corporation  owning  or  controlling  such  a  pipe  or  smoke  stack 
and  failing  to  bring  the  same  within  the  provisions  of  this 
ordinance  within  the  time  herein  specified,  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall 
be  fined  in  a  sum  not  to  exceed  twenty-five  dollars,  and  each 
day  after  thirty  days  from  the  passage  hereof  which  any 
such  pipe  or  stack  is  allowed  to  remain  shall  be  deemed  a 
separate  offence. 


TITLE  VII. 


CHAPTER   ONE. 

RULES    AND    REGULATIOnS. 

Art.  301.  All  butchers'  meats  of  every  kind — that  is  to 
say,  fresh  beef,  veal,  mutton,  pork  and  the  like,  shall  be 
brought  to  the  present  markets,  and  such  other  markets  as 
may  from  time  to  time  be  established  by  the  board,  to  be 
sold  and  disposed  of ;  and  every  person  who  shall  sell,  ex- 
pose or  offer  for  sale  any  of  the  above  mentioned  meats  in 
the  streets,  or  elsewhere  than  in  the  said  market  or  markets, 
without  permission  of  the  board,  shall  be  subject  to  a  fine  of 
not  exceeding  twenty  dollars  for  each  and  every  offense. 

Art.  302.  That  from  the  first  day  of  April  until  the  first 
day  of  October  in  each  year  the  markets  for  the  sale  of 
meats,  vegetables,  fish  and  other  articles  shall  not  be  open  be- 

153 


Art.  303-304.       revised  ordinances  of  the 

fore  the  hour  of  three  o'clock  a.  m.,  and  shall  be  closed  at 
nine  o'clock  a.  m. ;  and  from  the  first  day  of  October  to 
the  first  day  of  April  said  markets  shall  not  open  before 
the  hour  of  four  o'clock  a.  m.  and  shall  be  closed  at  ten 
o'clock  a.  m.  The  closing  of  the  market  shall  be  announced 
by  the  market  bell,  which  it  shall  be  the  duty  of  the  chief  of 
police  to  cause  to  be  rung;  and  any  person  selling  meat, 
vegetables,  fish  and  other  articles  in  said  markets  when  the 
same  are  not  open  in  conformity  herewith,  shall  be  liable 
to  a  fine  not  exceeding  ten  dollars  for  each  offense  ;  provided, 
that  nothing  herein  contained  shall  prevent  butchers  from 
bringing  meat  to  market  and  cutt^^ing  up  the  same  before  the 
opening  of  the  markets,  or  prevent  those  from  vending  vege- 
tables, fish  and  other  articles  from  bringing  the  same  to  said 
markets  before  the  opening  thereof. 

Art.  303.  The  stalls  in  the  city  markets  shall  not  (without 
the  permission  of  the  board)  be  used  for  sale  of  anything 
except  butchers'  meats,  vegetables,  fruits,  fish,  game,  poultry 
and  eggs;  and  any  person  violating  the  provisions  of  this 
article  shall  incur  a  penalty  of  not  exceeding  twenty-five 
dollars  for  each  and  every  offense. 

Art.  304.  The  board  shall  annually,  in  the  month  of  No- 
vember, appraise  and  fix  the  minimum  rent  to  be  paid  per 
annum  for  the  stalls  and  stands  in  the  city  markets,  specify- 
ing the  respective  value  of  the  stalls  for  meat  and  vegetables, 
and  the  stalls  and  stands  for  fish,  coff'ee,  etc.,  and  shall  cause 
said  appraisement  to  be  entered  on  the  journal  of  their 
proceedings ;  and  it  shall  be  the  duty  of  the  city  collector, 
on  the  fifteenth  day  of  December  (or,  if  the  same  shall  be 
on  Sunday,  then  on  the  next  preceding  day),  in  each  and 
every  year,  after  having  given  at  least  ten  days'  public  notice, 
by  advertisement,  to  proceed  to  rent  the  said  stands  and 
stalls  at  public  auction,  to  the  best  and  highest  bidder  there- 
for, over  and  above  the  minimum  value  assessed  and  fixed 
by  the  city  council,  for  one  year  from  the  first  day  of  January 
thereafter;  but  no  bid  shall  be  received  from,  and  no  stand 
or  stall  rented  to  any  person  or  persons  then  owing  rent  to 
said  city  for  any  stand  or  stall.  The  rent  for  such  stands 
or  stalls  shall  be  payable  monthly  in  advance,  and  in  letting 

154 


CITY    OF   GALVESTON,  ART.  305. 

the  same  the  city  shall  reserve  the  right  of  terminating  any 
lease    in    case    of    default    in    the    punctual    payment    of    any 
installment  of  rent,  and  of  immediately  taking  possession  of 
any  stand  or  stall  for  which  the  same   is  due.     The  person 
renting    said    stands    or    stalls,    at    the    time    of    renting    the 
same,    shall    pay   to   the    city    collector    the    amount,    if    any, 
bid  over  and  above  the  minimum  value  fixed  by  the  board. 
At  the  time  of  renting  the  stalls  the  city  collector  shall  re- 
quire  the   person   who   bids   off   a   stall   to   pay   one   month's 
rent,  to  be  applied  as  part  payment  of  the  rent  therefor,  and 
the  money  so  paid  shall  be  forfeited  to  the  city  in  case  such 
person  shall  fail  to  take  such  stall.     And  if  any  bidder  shall 
fail  to  pay  such  sum,  as  herein   provided,  the  cit}^  collector 
shall    immediately    sell    the    stall    again,    commencing   at   the 
next   highest   bidder.      And   no   lessee   of   any    stall   shall   be 
allowed,    under    any    circumstances,    to    sublet    his    stall,    or 
any  portion  thereof,  to  any  other  person  or  persons,  without 
the  consent  of  the  board.     Whenever  the  rent,  or  an}^  part 
or   installment  thereof,  for  any   stand   shall  be   due   and  un- 
paid,  the   lease   for   such    stand   or   stall   shall   at  once   cease 
and  terminate,  and  the  city  collector  shall  give  notice  thereof 
to  the  chief  of  police,  who  shall  immediately  take  possession 
of  such   stand  or  stall  and  hold  the   same  for  the  city,  and 
thereupon   the   city   collector   shall   post   a   notice   upon   such 
stand   or   stall,   declaring   the   same   to   be   vacant,   and   shall 
proceed  to  rent  the  same  for  the  unexpired  term ;  provided, 
that    persons    who    have    rented    stalls    and    stands,    and    oc- 
cupied the  same  for  a  year  or  more,  shall  have  the  privilege 
of  renewing  their  lease  from  year  to  year  upon  application 
to  the   city   collector  and   paying  the   rent  in   advance;   pro- 
vided, the  lessees  are  not  in  arrears  to  the  city  for  stall  rent. 
Art.  305.     That  the  board  shall,  on  the  first  day  of  Janu- 
ary of  each  and  every  year,  unless  the  same  shall  happen  to 
be  on  Sunday  (in  that  case  on  the  Saturday  preceding),  con- 
tract with   some   competent  person  or  persons  to   clean   and 
light  the   first   and   third  ward  market  houses  at   such   rates 
of  compensation  as  may  be  agreed  upon;  provided,  that  for 
the  first  ward  market  the  compensation  shall  not  exceed  nine 
hundred  dollars  per  annum,  and  for  the   third  ward  market 

155 


Art.  306-307.      revised  ordinances  of  the 

twelve  hundred  dollars  per  annum.  And  the  contractor 
or  contractors  shall  be  required  to  give  bonds  in  the  sum 
of  five  hundred  dollars  for  each  of  said  markets,  for  the 
faithful  performance  of  the  contract  or  undertaking. 

Art.  30().  It  shall  not  be  lawful  for  any  person  or  persons 
to  stop  or  encumber  the  streets  or  passage  ways  in  or  about 
the  market  with  stands,  tables,  vehicles,  or  in  any  other 
manner,  except  in  those  cases  where  the  privilege  to  do  so 
is  granted  and  rented  by  the  board  or  by  its  authority,  and 
it  shall  .be  unlawful  for  any  person  to  injure,  swing  upon 
or  otherwise  interfere  with  the  ropes, , tackle  or  other  articles 
belonging  to  the  butchers  or  other  persons  in  the  city  market. 
It  shall  be  unlawful  for  any  person  who  shall  occupy  any 
of  the  stalls  in  the  markets,  or  any  other  person,  to  chop 
on  any  of  the  planks  used  for  counters.  It  shall  be  unlaw- 
ful for  any  person  or  persons  to  occupy  any  stand  or  stall 
in  the  markets  without  first  having  paid  the  rents  on  same. 
Any  person  who  shall  violate  this  article  shall  be  fined  in 
any  sum  not  more  than  ten  dollars. 

Art.  307.  Whensoever  any  person  or  persons  may  desire 
to  establish  a  private  market  for  the  sale  of  fresh  meat 
within  the  corporate  limits  of  the  city  of  Galveston,  said 
person  or  persons  shall  make  application  in  writing  to  the 
board  for  the  privilege,  stating  the  length  of  time  and  the 
place  where  said  market  is  to  be  established.  The  time  for 
which  said  market  privilege  is  granted  shall  be  for  not  less 
than  three  months  and  not  more  than  twelve  months.  And 
if  such  privilege  is  granted  by  the  board,  in  whole  or  in 
part,  each  and  every  person,  or  firm  of  persons,  accupying 
such  market  for  the  sale  of  fresh  meat,  shall  pay  the  sum  of 
twenty-five  dollars  per  annum,  quarterly  in  advance,  and 
shall  cause  to  be  posted,  in  a  cons])icuous  place  in  said  market. 
a  receipt  for  such  payment.  All  private  markets  shall  be 
governed  by  and  stand  under  the  ordinances,  rules  and  regu- 
lations of  the  city,  and  all  market  privileges  hereafter  granted 
shall  be  for  a  term  not  to  extend  beyond  the  next  first  day 
of  January  succeeding.  Any  person  who  shall  establish  a 
private  market  without  complying  with  this  article,  or  shall 
violate  any  provision  of  the  same,  shall  be  fined  in  any  sum 

156 


CITY   OF   GALVESTON.  AeT.  308-311. 

not  less  than  ten  dollars  nor  more  than  fifty  dollars  for  each 
and  every  ofifense,  and  each  day  that  any  of  the  provisions 
of  this  article  are  violated  shall  constitute  a  separate  ofifense. 

Art.  308.  That  all  persons  are  forbidden  to  stand,  sit  or 
lie  on  the  stands  or  stalls  of  the  market  under  a  penalty  of 
five  dollars  for  each  offense  ;  and  that  any  person  who  shall 
disobey  any  order  of  the  market  inspector,  or  any  officer 
of  the  police,  which  he  is  hereby  authorized  to  make,  regu- 
lating said  markets,  shall  be  fined  ten  dollars. 

Art,  309.  That  it  shall  be  the  duty  of  the  market  inspector 
and  officers  of  the  police  to  see  that  no  offense  is  perpetrated 
against  the  occupants  of  stalls,  stands  or  tables  in  any  of  the 
markets ;  to  keep  order  in  the  market ;  to  arrest  all  persons 
who  disturb  the  public  peace,  and  to  conduct  them  before 
the  recorder,  to  be  punished  according'  to  law. 

Art.  310.  That  all  vendors  of  meats,  fish,  vegetables,  fruits, 
etc.,  within  the  limits  of  said  markets  shall  be  recpiired  to 
throw  the  daily  refuse  of  their  stalls  and  stands  into  barrels 
or  tubs,  to  be  provided  by  the  said  vendors,  which  shall  be 
disposed  of  as  in  case  of  other  daily  offal.  That  any  vendor 
in  said  markets  who  shall  throw,  or  cause  to  be  thrown  any 
meat,  fish,  vegetables  or  fruit,  whether  decayed  or  otherwise, 
into  any  of  the  streets  or  guttters  adjoining  said  market,  shall 
be  liable  to  a  fine  of  not  less  than  five  nor  more  than  twenty 
dollars   for   each  offense. 

Art.  311.  That  no  private  market  for  the  sale  of  fresh 
meat  or  fish  shall  hereafter  be  established  within  the  follow- 
ing boundaries  of  the  city  of  Galveston,  to-wit :  Between 
Fifteenth  street  on  the  east  and  Twenty-fifty  on  the  west, 
and  between  Avenue  K  on  the  south  and  the  channel  of 
Galveston  bay  on  the  north ;  provided,  however,  that  all 
renters  of  stalls  for  the  sale  of  fresh  meats  or  fish  in  the 
third  market  house  may,  on  application  in  writing  to  the 
board  for  privilege,  keep  open  market  for  the  sale  of 
fresh  meats  or  fish,  at  their  respective  places  of  business  within 
said  limits,  during  and  after  the  market  hours  prescribed  in 
article  302  of  this  chapter.  Any  person  violating  the  pro- 
visions of  this  article,  by  selling  either  fresh  meats  or  fish 
within    the    limits    herein    stated    without    the    permission    of 

157 


Art.  312-316.      revised  ordinances  of  the 

the  board  to  do  so,  which  shall  be  given  whenever  such  per- 
son shall  apply  therefor,  showing  that  payment  of  stall  rent 
in  the  third  ward  market  for  one  year  has  been  made  to  the 
city  of  Galveston,  shall  be  fined  in  the  sum  of  fifty  dollars 
for  each  day  on  which  such   sales  shall  have  been  made. 

Art.  312.  That  whensoever  any  person  or  persons  may 
desire  to  establish  a  private  market,  stand  or  stall  for  the 
purpose  of  selling  vegetables  within  the  following  boundaries, 
to-wit:  Between  Fifteenth  street  on  the  east,  and  Twenty- 
fifth  street  on  the  west,  and  Avenue  K  on  the  south,  and 
the  channel  of  the  bay  on  the  north,  said  person  or  persons 
shall  make  application  in  writing  to  the  board  for  the  privi- 
lege of  establishing  such  market  or  stall,  stating  the  locality 
and  the  length  of  time  for  which  said  privilege  may  be 
granted. 

Art.  313.  That  any  person  or  persons  who  shall  establish 
a  private  market  without  complying  with  the  preceding 
article,  or  shall  violate  any  provisions  of  the  same,  shall  be 
fined  in  any  sum  not  less  than  five  dollars  -nor  more  than 
ten  dollars  for  each  and  every  offense. 

Art.  314.  That  this  ordinance  shall  apply  to  all  persons 
who  may  desire  to  sell  vegetables,  game  or  fish  from  carts, 
wagons  or  other  vehicles,  within  the  boundaries  named  in 
article  311  of  this  ordinance. 

Art.  315.  Any  person  violating  any  provision  of  this 
chapter  wherein  some  other  penalty  is  not  affixed,  shall  be 
fined  in  any  sum  not  less  than  ten  dollars,  and  an  additional 
sum  of  five  dollars  for  each  day  the  offense  shall  continue. 

Art  316.  That  hereafter  it  shall  be  unlawful  for  au}- 
person  to  retail  fish  between  the  hours  of  three  and  nine 
o'clock  a.  m.  at  any  place  within  the  limits  prescribed  in 
article  311,  except  in  a  stall  or  place  rented  for  that  pur- 
pose in  the  city  hall  market  house,  after  having  paid  rent 
therefor.  Any  person  who  shall  violate  the  provisions  of 
this  article  shall,  on  conviction,  be  fined  not  less  than  five 
nor  more  than  fifteen  dollars,  and  each  and  every  day  any 
such  violation  shall  continue  or  occur  shall  constitute  a 
separate  offense. 


158 


CITY   OF   GALVESTON.  ART.  317-319. 


TITLE  VIII. 


CHAPTER  OXE. 

RULES    CONCERNING. 

Art.  31T.  No  ordinance  shall  be  amended  by  its  reference 
to  its  title  and  date  and  the  number  of  the  section  or  article, 
or  by  reference  to  the  subject  matter  only,  but  the  particular 
article  or  section  designated  to  be  amended  shall  be  re- 
ordained  at  length,  incorporating  the  amendments. 

Art.  318.  Words  used  in  ordinances  or  resolutions  in  the 
past  or  present  tense  shall  also  include  the  future ;  the  mascu- 
line gender  shall  include  the  feminine  and  neuter ;  the  singular 
number  shall  include  the  plural  and  the  plural  the  singular. 
The  word  person  includes  a  corporation ;  the  term  writing  in- 
cludes printing.  The  word  "council"  or  "city  council"  shall 
mean  the  "board  of  commissioners."  The  word  "board"  shall 
mean  the  "board  of  commissioners."  The  word  "president" 
shall  mean  the  "president  of  the  board  of  commissioners." 
And  the  words  "assessor"  or  "collector"  shall  each  mean  "the 
assessor  and  collector."  The  word  "city  clerk"  shall  mean 
the  "secretary."  The  ^yord  "mayor"  shall  mean  the  "presi- 
dent of  the  board  of  commissioners." 

FRANCHISES. 

Art.  319.  Xo  franchise,  or  right  in  relation  to  any  high- 
way, avenue,  street,  lane  or  alley  either  on  or  above  or  below 
the  surface  of  the  same  or  in  relation  to  any  island  or  land, 
whether  covered  by  water  or  not,  that  may  belong  to  or  be 
claimed  b}^  the  city  of  Galveston,  shall  be  granted  to  aii}^ 
person  or  corporation  for  a  longer  period  than  fifty  years, 
nor  without  provisions  made  in  such  grant  by  way  of  for- 
feiture thereof  or  otherwise  for  the  purpose  of  compelling 
.compliance    with    the    terms    of    such    grant    and    to    secure 

159 


Art.  319.  revised  ordinances  of  the 

efficienc}^  of  public  service  at  reasonable  rates  and  the  main- 
tenance of  the  property  in  good  condition  throughout  the  full 
term  of  the  grant ;  nor  shall  such  grant  be  made  or  con- 
sidered by  the  board  until  it  is  distinctly  specified  and  em- 
bodied in  the  form  of  a  brief  advertisement  and  ordinance 
directing  such  advertisement  to  be  published  at  the  expense 
of  the  applicant  for  at  least  three. days  in  the  official  journal 
of  the  city,  and  before  the  passage  of  such  ordinance  direct- 
ing such  advertisement,  the  proposed  specific  grant  shall  also 
be  embodied  in  the  form  of  an  ordinance  wherein  in  ad- 
dition to  the  grant  itself  and  all  terms  and  conditions  desired 
in  relation  thereto,  it  shall  be  distinctly  provided,  (a)  that 
the  city  does  not  part  with  but  expressly  reserves  the  right 
and  duty  at  all  times  to  exercise  in  the  interest  of  the  pub- 
lic full  superintendence,  regulation,  and  control  over  the  sub- 
ject of  the  grant,  and  especially  in  respect  to  all  matters 
connected  with  the  police  powers  of  said  city ;  (b)  ample 
provision  by  way  of  forfeiture  of  the  grant  or  otherwise  for 
the  purpose  of  compelling  compliance  with  the  terms  of  the 
grant  and  to  secure  efficiency  of  public  service  at  reason- 
able rates  and  the  maintenance  of  the  property  in  good  con- 
dition throughout  the  full  term  of  the  grant ;  (c)  full  and 
specific  provisions  as  to  rates,  fares  and  charges  if  the  grant 
provides  for  or  contemplates  the  charging  of  rates,  fares  and 
charges.  No  such  grant  shall  be  made  until  such  ordinance, 
in  due  and  complete  form,  is  presented  to  the  board,  ac- 
companied by  written  application  signed  by  the  person  seek- 
ing the  grant  and  stipulating  and  agreeing  to  abide  l)y.  ob- 
serve and  perform  all  rules  and  regulations  made  or  to  be 
made  concerning  the  subject  of  the  grant,  its  uses  and  main- 
tenance whether  with  reference  to  rights  of  the  city  or  of 
the  public  touching  the  property  or  land  affected  or  other- 
wise. 


160 


CITY   OF   GALVESTON.  ART.  320-323. 


TITLE  IX. 


CHAPTER  ONE. 

ORGANIZATION. 

Art.  320.  That  there  is  hereby  created  and  established  in 
and  for  the  city  of  Galveston,  a  police  department,  to  be  com- 
posed of  a  chief  of  police,  two  sergeants,  and  such  number 
of  patrolmen  or  policemen  as  the  board  may  deem  necessary, 
said  officers  and  members  of  said  police  department  to  be 
appointed,  and  their  compensation  and  duties  to  be  fixed, 
defined  and  regulated  as  provided  by  the  provisions  of  the 
city  charter. 

Art.  321.  In  case  of  the  absence,  sickness,  suspension  or 
other  disability  of  any  member  of  the  police  department, 
the  chief  of  police  shall  have  the  power  to  appoint  super- 
numerary officers,  as  substitutes  therefor,  who  shall  take 
the  oath  of  office  prescribed  herein  for  other  officers,  and 
perform  such  duties  as  may  be  required  of  them  by  the  chief 
of  police,  and  shall  receive  the  same  pay  as  regular  police- 
men while  on  duty. 

Art.  322.  The  chief  of  police  shall  have  the  power  to  sus- 
pend any  officer  or  subordinate  in  the  police  department,  for 
disobedience  of  orders,  insubordination,  neglect  of  duty,  or 
any  other  violation  of  the  rules  of  the  department,  and  during 
such  suspension  he  shall  fill  the  vacancy,  if  necessary,  by 
temporary  appointment,  until  the  matter  of  such  suspension 
can  be  acted  upon  by  the  police  commissioner,  to  whom  he 
shall  immediately  report  the  same,  with  his  reasons  for  his 
action. 

CHAPTER  TWO. 

DUTIES    AND    POWERS    OF    POLICEMEN. 

Art.  323.  It  shall  be  the  duty  of  the  policemen  of  the  cit}^ 
to  be  obedient  to  orders  and  directions  of  the  president,  com- 

161 


Art.  324-325.      revised  ordinances  of  the 

municated  to  them  through  the  chief  of  police,  or  in  person, 
or  delivered  in  writing,  and  to  keep  a  faithful  watch  and  ward 
in  the  districts  which  may  be  assigned  them ;  and  it  shall 
further  be  the  duty  of  each  of  them,  upon  the  discovery  of 
fire,  to  give  the  alarm  thereof  immediately,  and  to  ring  the 
alarm  bell  at  the  market  house;  and  it  shall  further  be  the 
duty  of  said  policemen,  and  each  and  every  one  of  them,  to 
apprehend  and  detain  all  offenders  against  the  peace,  and  all 
persons  who  may  obstruct  and  endanger  them,  or  any  of 
them,  in  the  execution  of  their  office,  or  who  shall  be  guilty 
of  any  disorderly  conduct,  or  shall  be  engaged  in  any  riots, 
unlawful  assemblages,  outcries,  noises  or  other  disturbances 
whatsoever,  or  who  shall  aid,  abet  or  assist  others  in  the 
commission  of  either  of  said  offenses ;  and  for  this  purpose 
the  said  policemen,  and  either  of  them,  are  authorized  to 
enter  any  dwelling  house,  store,  grocery  or  other  building 
where  any  person  may  take  refuge  or  be,  who  have  during 
the  night,  in  their  presence  or  hearing,  committed  any  felony 
or  breach  of  the  peace,  or  where  any  felony  or  breach  of  the 
peace  is  about  to  be  committed,  or  where  any  noise,  or  alarm, 
outcry  or  disturbance  shall  be  made,  in  like  manner  as  the 
president,  policemen,  constables  and  other  peace  officers  are 
authorized  by  law. 

Art.  32-i.  It  shall  be  unlawful  for  any  person  or  persons 
to  obstruct,  prevent  or  interfere  with,  or  attempt  to  obstruct, 
prevent  or  interfere  with  the  chief  of  police,  or  other  police 
officer,  in  the  lawful  discharge  of  his  duty  within  the  limits 
of  the  city  of  Galveston ;  and  any  person  or  persons  con- 
victed of  so  offending  shall  be  fined  in  a  sum  of  not  exceed- 
ing one  hundred  dollars,  and  not  less  than  ten  dollars  fcr 
each  and  every  offense,  to  be  recovered  before  the  recorder 
of  said  city. 

Art.  325.  The  chief  of  police  shall  assign  to  each  police- 
man his  round  and  duty,  and  may  order  any  of  them  to  render 
service  in  any  ward  wherever,  in  his  opinion,  the  occasion 
shall  require  it;  he  shall  report  monthly  to  the  board  the 
time  actually  served  by  each  policeman,  the  time  absent,  and 
such  other  information  as  he  deems  proper,  or  as  may  from 
time  to  time  be  required  by  the  board.     He   shall   also  see 

162 


CITY   OF   GALVESTON.  AUT.  326-380. 

that  the  policemen  are  provided  with  the  proper  arms  and 
equipments  which  the  emergency  shall  require,  and  that  they 
perform  their  duties,  and  shall  report  every  failure  promptly 
to  the  president,  whose  orders  as  to  police  service  he  shall, 
as  far  as  practicable,  cause  to  be  faithfully  executed. 

Art.  326.  AVhenever  any  penalty  or  fine  is  imposed  for  a 
violation  of  an  ordinance  in  this  city,  it  shall  be  the  duty  of 
the  chief  of  police  to  cause  the  same  to  be  enforced. 

Art.  327.  It  shall  be  unlawful  for  any  person  or  resident 
of  Galveston  to  make  use  of  or  blow  a  whistle  similar  to 
that  used  by  the  city  police  (with  a  pea  in  the  end  of  it), 
and  that  any  person  or  persons  caught  in  this  act  shall  be 
fined  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars. 

CHAPTER  THREE. 

recorder's    COURT. 

Art.  328.  Proceedings  before  the  recorder  for  violations 
of  the  city  ordinances  or  laws  shall  be  instituted  or 
commenced  by  filing  a  written  complaint,  specifying 
the  charge  made  against  the  person  accused  with  reasonable 
certainty,  which  information  or  complaint  shall  be  sworn  to, 
unless  the  same  be  made  and  presented  by  an  ofBcer  of  the 
city  government,  in  which  case  it  need  only  be  in  writing. 

Art.  329.  The  appearance  of  the  person  accused  to  an- 
swer said  charge  shall  be  coerced  by  a  summons,  or  a  warrant 
of  arrest,  as,  in  the  opinion  of  the  recorder,  the  exigency  of 
the  public  service  may  require,  whi.ch  process  shall  be  ex- 
ecuted by  a  policeman  of  said  city  in  a  like  manner  as  process 
from  a  justice's  court;  provided,  however,  that  nothing  herein 
shall  be  so  construed  as  to  prevent  any  policeman  of  the 
city  making  arrest  without  process  for  any  breach  of  the 
city  laws,  committed  in  his  presence  and  view,  or  in  any  of 
the  contingencies  in  which  a  sheriff,  coroner  or  other  ex- 
ecutive officer  of  the  State  would,  by  the  laws  of  the  State, 
be  justified  in  so  doing. 

Art.  330.  The  secretary  shall  keep  a  docket,  in  which 
he  shall  enter  all  informations  and  complaints  made  before 
the  recorder  for  infractions  of  the  city  ordinances,  entering 

163 


Art.  331-334.      revised  ordinances  of  the 

the  substance  thereof  and  the  time  when  made  or  filed,  the 
process  issued  thereon,  when  the  same  is  returnable,  and 
the  return  thereof,  and  he  shall  also  enter  the  time  of  the 
trial  of  such  information  or  complaint,  and  the  judment  of 
the  recorder  thereon. 

Art.  331.  Process  to  compel  the  appearance  of  witnesses 
shall  be  issued  by  the  recorder  upon  the  application  of  the 
complainant  or  informant,  or  of  the  person  charged,  in  the 
same  manner  as  like  processes  or  trials  before  the  justice  of 
the  peace,  which  process  shall  be  served  by  a  policeman,  or 
by  the  parties  who  shall  apply  therefor;  provided,  that  re- 
turns of  service,  when  made  by  persons  other  than  the  police- 
man, shall  be  under  oath. 

Art.  332.  Upon  all  trials  of  such  complaints  or  informa- 
tions before  the  recorder,  if  either  party,  that  is  to  say,  the 
complainant  or  informant  on  the  one  side,  or  the  person 
accused  or  charged  upon  the  other,  shall  demand  a  trial  by 
jury,  it  shall  be  the  duty  of  the  recorder  to  issue  his  writ  to 
a  policeman  to  summon  a  jur}-  conforming  in  all  things, 
as  well  with  respect  to  the  qualifications  of  the  persons 
selected  to  act  as  jurors,  as  the  summoning  and  impaneling 
and  the  compensation  of  such  jurors,  to  the  statutes  of  the 
State  of  Texas  i-egulating  juries  in  the  courts  of  the  justices 
of  the  peace. 

Art.  333.  The  recorder  shall  be,  and  is  hereby  authorized, 
in  the  exercise  of  a  sound  discretion,  to  suspend  the  collec- 
tion or  inflicting  of  any  pecuniary  or  other  penalty,  until 
after  the  next  meeting  of  the  board,  when  he  shall  report 
the  case,  together  with  the  alleviating  circumstances  thereof, 
for  the  action  of  the  board. 

Art.  334:.  Whenever  any  fine  shall  be  imposed  on  any 
person  for  the  violation  of  any  ordinance  of  the  city,  and 
the  fine  and  costs  therein  adjudged  shall  not  be  paid,  the 
person  upon  whom  such  fine  is  imposed  shall  be  confined 
in  prison  at  the  rate  of  one  dollar  per  day  until  said  fine  and 
costs  are  paid,  or  the  recorder  may,  in  his  discretion,  enter 
such  penalty  in  the  alternative,  naming  the  term  of  imprison- 
ment in  case  of  non-payment,  not  to  exceed  the  rate  herein 
named. 

164 


CITY   OF  GALVESTON,  ART.  335-339, 

Art,  335.  The  minimum  fine  imposed  by  the  recorder  shall 
not  be  less  than  one  dollar  in  any  case ;  and  in  all  cases  where 
no  penalty  is  fixed  for  the  violation  of  any  provision  of  the 
ordinances  of  the  city,  the  recorder  is  authorized  to  impose 
a  fine  not  exceeding  ten  dollars. 

Art.  336.  That  all  ofifenders  against  any  ordinance  of  this 
city,  found  guilty  by  the  recorder  thereof,  and  who  may 
hereafter  be  sentenced  to  imprisonment,  shall  be  compelled 
to  labor  on  the  streets  and  alleys  of  said  city,  or  on  any 
public  work  thereof,  that  is  to  say,  from  8  o'clock  in  the 
forenoon  until  12  m.  or  noon,  and  from  2  o'clock  p.  m.  until 
(i  o'clock  p.  m.,  of  each  and  every  day,  other  than  Sunday, 
for  the  period  provided  for  his,  her  or  their  sentence ;  pro- 
vided, that,  in  case  of  refusal  to  work  (except  for  actual  sick- 
ness) or  for  any  refractory  conduct,  the  chief  of  police  is 
authorized  to  place  upon  such  ofifender  a  ball  and  chain,  and 
in  that  condition  said  offender  is  to  be  made  to  work ;  pro- 
vided, further,  that  in  case  of  a  continued  refusal  to  work, 
said  offender  shall  be  further  punished  as  is  hereinafter  pro- 
vided. 

Art,  337.  That,  in  compelling  obedience  to  provisions  of 
the  preceding  article,  the  chief  of  police,  or  any  police  officer 
of  said  city,  may  use  such  reasonable  force  as  will  not  amount 
to  cruel  or  unusual  punishment ;  but  great  care  shall  be  taken, 
in  all  cases,  of  the  health  and  comfort  of  all  prisoners,  and 
especially  of  those  not  sentenced  to  imprisonment. 

Art.  338.  That,  in  case  any  person  legally  imprisoned,  or 
sentenced  to  labor  upon  the  streets,  shall  escape,  or  refuse, 
except  for  sickness,  to  perform  such  labor,  the  period  elapsing 
between  his  escape  or  his  refusal  to  work,  as  aforesaid,  and 
the  time  he  is  retaken  or  returns  to  labor,  shall  not  be  com- 
puted as  a  portion  of  the  term  of  his  punishment;  and  any 
person  escaping  from  imprisonment  may  be  again  arrested 
without  warrant,  notwithstanding  the  term  for  which  he  was 
imprisoned  may  have  expired  at  the  time  he  was  so  rearrested. 

Art.  339.  It  shall  be  the  duty  of  the  officer  having  in 
charge  any  offender  who  may  have  escaped  or  refused  to  work 
upon  the  streets,  after  having  been  legally  sentenced  to  such 
punishment,  so  soon  as  the  number  of  days  of  his  original 

165 


Art.  340-342.      revised  ordinances  of  the 

sentence  shall  have  expired,  to  take  such  person  before  the 
recorder,  whose  duty  it  shall  be  to  inquire  into  the  facts  of 
such  escape  or  refusal  to  labor,  and  to  that  end  to  hear  evi- 
dence, if  offered,  as  in  other  cases,  both  for  and  against  the 
accused;  and  in  case  it  shall  be  found  that,  in  consequence 
of  said  escape,  or  unlawful  refusal  to  work  on  the  streets, 
any  part  of  his  original  term  of  punishment  has  not  been 
fulfilled,  said  offender  shall  be  sentenced  to  imprisonment  or 
labor,  as  the  case  may  be,  a  sufficient  number  of  days  to 
complete  said  term. 

CHAPTER  FOUR. 

CONCERNING   JURY    FEES. 

Art.  340.  That  it  shall  be  the  duty  of  the  secretary  to 
issue  jury  scrip  to  any  juror  serving,  or  remaining  unpaid 
for  services  rendered  as  a  juror  at  any  time  within  the  last 
year,  in  any  recorder's  court  of  this  city,  or  which  may  here- 
after be  rendered  b}^  any  juror  in  such  court  or  courts,  at 
the  same  rates  that  jurors  receive  in  the  justices'  courts; 
and  that  such  scrip  shall  be  drawn  on  the  chief  of  police, 
and  shall  be  paid  by  him  out  of  any  funds  which  are  or  may 
come  to  his  hands  from  fines,  jury  fees  or  penalties  col- 
lected by  him,  and  all  such  scrip,  paid  or  taken  up  by  him 
to  any  juror,  may  and  shall  be  turned  in  by  him  in  settling 
his  accounts  with  the  treasurer. 

Art.  341.  No  officer  shall  traffic  in  the  same,  directly  or 
indirectly,  or  in  any  manner  acquire  an  interest  in  such  scrip, 
either  by  direct  or  indirect  purchase  or  contract. 

CHAPTER   FIVE. 

COSTS   TO    BE  CHARGED  AND  COLLECTED   IN  THE  RECORDER'S  COURT,   AXD 
THE  MANNER  OF  COLLECTION  AND  DISPOSITION  THEREOF. 

Art.  342.  That  of  and  from  any  person  who  may  here- 
after be  arraigned  in  the  recorder's  court  for  a  violation  of 
any  law  or  ordinance  of  the  city  of  Galveston,  or  of  the  State, 
and  adjudged  guilty  thereof,  there  shall  be  taxed  in  the  cause 
and  charged  to  and  collected  from  every  such  person  who  may 
be  defended  therein — whenever  all  or  any  of  the   following 

166 


CITY   OF   GALVESTON,  ArT.  348-;545, 

proceedings  are  had  or  process   issued— the  following  costs, 
respectively,  for  such  proceedings  or  process,  to-wit : 

Docketing  cause,  twenty-five  (25)  cents. 

Filing  papers,  each  ten  (10)  cents. 

Entering  appearance,  each,  fifteen    (15)    cents. 

Entering  continuances,  each,  twenty-five   (25)   cents. 

Swearing  witnesses,  each,  ten   (10)   cents. 

Oaths  and  certificates,  each,  twenty-five    (25)    cents. 

Entering  recognizances,  each,  fifty   (50)   cents. 

Swearing  jury  and  entering  verdict,  fifty   (50)    cents. 

Entering  orders,  each,  fifty  (50)  cents. 

Entering  judgment,  fifty   (50)   cents. 

Entering  plea,  sevent3^-five    (75)    cents. 

Entering  motion,  ten   (10)   cents. 

Taxing  costs,  twenty-five   (25)   cents. 

Entering  judgment  nisi,  fifty  (50)  cents. 

Issuing  capias  or  warrant  of  arrest,  fifty  (50)  cents. 

Issuing  attachments,  fifty  (50)  cents. 

Jury  fee,  three  (3)  dollars. 

Jury  fee — Commitment,  one    (1)   dollar. 

Art.  3-13.  That  the  costs  hereinbefore  provided  for,  or 
so  much  thereof  as  may  be  incurred  in  any  case,  shall  be 
included  in  and  constituted  a  portion  of  the  judgment  ren- 
dered, and  shall  be  collected  by  the  chief  of  police  and  by 
him  paid  into  the  city  treasury  for  the  use  and  benefit  of 
the  city. 

Art.  344.  The  provisions  of  the  foregoing  article  shall 
be  applicable  to  the  violations  of  the  city  ordinances,  and 
of  misdemeanors  or  offenses  under  the  State  laws  which 
the  recorder  has,  as  ex-officio  justice  of  the  peace,  juris- 
diction to  hear  and  determine. 

Art.  345.  That  in  all  cases  of  conviction  before  the  re- 
corder, the  chief  of  police  is  charged  with  the  duty  of  en- 
forcing the  judgment  of  the  court,  either  by  collection  of 
the  fines  and  costs  or  by  the  confinement  of  those  convicted 
in  accordance  with  the  ordinances  of  the  city,  should  they 
fail  or  refuse  to  pay  the  fines  and  costs  adjudged  against 
them. 

13-  167 


Art.  346-348.      revised  ordinances  or  the 

Art.  346.  All  costs  earned  by  any  member  of  the  police 
department  in  any  case  before  any  justice  of  the  peace  shall 
be  collected  and  paid  into  the  city  treasury  by  the  chief  of 
police. 

CHAPTER  SIX. 

OFFENCES    AGAINST    PUBLIC    PEACE. 

Art.  347.  It  shall  be  the  duty  of  every  keeper  of  a  cofifee 
house,  restaurant,  grog  shop,  or  tippling  house,  the  pro- 
prietor or  keeper  of  all  billiard  tables,  nine  or  ten-pin  alleys, 
and  of  every  other  person  or  persons,  keeping  a  public  house, 
to  keep  good  order  within  the  same,  and  to  prevent  all 
persons  who  may  be  therein  from  disturbing  the  peace  and 
tranquility  of  the  neighborhood  by  cries,  vociferations,  songs 
or  any  noise  or  disturbance  whatever ;  and  every  person  keep- 
ing any  of  the  above  enumerated  houses,  who  shall  permit 
or  tolerate  such  disorder  within  his  or  her  house,  shall  be 
subject  to  a  fine  of  not  less  than  ten  dollars  nor  exceeding 
one  hundred  dollars ;  and  in  every  case  where  from  repetition 
of  such  disorders,  noises  or  disturbances,  such  house  may 
be  considered,  in  the  opinion  of  the  president,  an  ill-gov- 
erned and  disorderly  house,  and  tending  to  the  disturbance 
of  the  public  peace  and  tranquility  of  the  neighborhood,  the 
president  may,  upon  complaint,  revoke  any  license  which  may 
have  been  issued  to  the  keeper  thereof,  and  if  such  person 
be  aggrieved  by  the  action  of  the  president  in  the  premises, 
he  may  appeal  to  the  board. 

Art.  348.  An}^  person  who  shall  be  guilty  of  fighting, 
striking,  assaulting,  assault  and  battery,  or  of  any  unlawful 
violence  upon  the  person  of  another,  or  of  quarreling,  or 
any  riotous,  disorderly  conduct,  in  the  streets,  houses,  or 
elsewhere  within  the  limits  of  said  city,  or  shall  be  guilty 
of  abusing,  provoking  or  disturbing,  either  by  words  or  action, 
any  person  or  persons  going  or  walking  in  any  street,  road 
or  public  way,  or  elsewhere,  or  shall  show  or  expose  in 
public  any  sign,  writing,  drawing,  print,  caricature,  statue, 
or  other  object  which  may  excite  scandal,  or  disturb  the  public 
peace ;  or  shall  break  down,  disturb,  or  injure,  or  carry  away, 
any  fence,  or  any  part  thereof,  or  the  steps,  or  the  doors  of 

168 


CITY   OF   GALVESTON.  ART.  349-350. 

houses,  without  being  authorized  by  the  owners ;  or  shall  de- 
face, break,  or  carry  away,  any  signboard  or  plate  indicating 
the  occupation  or  business  of  any  person ;  or  shall  intrude  or 
trespass  upon  the  premises  of  another  without  consent  of 
the  owner  or  occupant,  he,  she  or  they  so  offending  against 
any  of  the  provisions  hereof  shall,  for  each  and  every  offense, 
be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars,  to  be  recovered  before  the  recorder 
or  any  court  of  competent  jurisdiction;  and  such  person  so 
offending  shall  moreover  be  liable  to  be  required  to  give 
a  bond  for  his,  her  or  their  good  behavior,  and  to  keep  the 
peace  for  a  term  of  not  less  than  twelve  months ;  provided, 
the  bond  so  required  shall  not  be  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars. 

Art.  349.  If  any  person  or  persons  shall  insult,  disturb 
or  molest  any  religious  meeting  assembled  for  worship,  or 
any  other  meeting  assembled  for  any  other  purpose,  con- 
nected with  religious,  benevolent,  educational  or  other  like 
lawful  purpose,  by  any  riotous  or  disorderly  conduct,  in  or 
near  the  place  where  such  meeting  is  being  held,  by  any 
noise,  tumult,  loud  cries,  vociferations,  blowing  of  horns,  sing- 
ing or  making  any  other  noise  or  disturbance  whatever,  with 
the  intent  or  purpose  to  interrupt,  harass,  vex,  annoy  or 
interfere  with  such  meeting,  he  or  they  so  offending  shall 
be  punished  by  a  fine  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  and  may  be  imprisoned  not 
exceeding  thirty  days,  or  by  both  fine  and  imprisonment,  at 
the  discretion  of  the  recorder;  and  it  is  hereby  made  the 
duty  of  the  chief  of  police,  and  of  every  other  officer  of  the 
city  police,  upon  view  of  the  commission  of  -any  offense  pro- 
vided against  in  this  article,  to  arrest  the  offender  or  offend- 
ers, and  take  him  or  them  before  the  recorder,  and  enter  the 
complaint  against  them ;  provided,  that  all  complaints  for 
violation  of  this  article  be  made  within  thirty  days  after  the 
commission  of  the  offense. 

Art.  350.  All  vagrants,  idle  or  disorderly  persons,  all  per- 
sons of  evil  life  or  ill-fame ;  all  such  persons  as  have  no 
visible  means  of  support,  or  are  likely  to  become  chargeable 
to  the  city  as  paupers ;  all  persons  who  may  be  found  begging, 

169 


ATIT.  351.  REVISED   ORDINANCES   OF   THE 

or  drunk  in  and  about  the  streets,  or  loitering  in  and  about 
tippling  houses,  and  who  can  show  no  reasonable  course  of 
business  in  the  city;  all  who  have  no  fixed  place  of  residence, 
but  who  are  found  strolling  and  wandering  about ;  all  who 
are  grossly  indecent  in  language  or  behavior  publicly  in  the 
streets;  all  public  prostitutes,  or  such  as  lead  a  notorious, 
lewd  or  lascivious  course  of  life,  and  all  professional  gamblers, 
shall  be  deemed  and  considered  offenders  against  the  peace 
and  good  order  of  the  city;  and  it  shall  be  the  duty  of  the 
chief  of  police,  and  all  other  police  officers  of  the  city,  to 
arrest  all  such  persons  as  aforesaid,  and  take  and  carry  them 
before  the  recorder  for  examination ;  and  if,  upon  examina- 
tion, the  person  or  persons  so  arrested,  shall  be  found  to 
have  violated  any  of  the  provisions  of  this  article,  such  person 
shall  be  fined  in  any  sum  not  exceeding  ten  dollars,  and  shall 
be  further  required  to  give  security,  to  keep  the  peace,  and 
be  of  good  behavior,  for  a  reasonable  time,  not  exceeding 
twelve  calendar  months;  and,  moreover,  to  indemnif}-  the 
said  city  against  any  charge  for  his,  her  or  their  support; 
and  in  case  of  refusal  or  inability  to  pay  such  fine  or  to 
give  such  security,  the  person  or  persons  so  refusing,  or 
found  unable,  shall  be  committed  to  some  place  of  con- 
finement for  a  limited  time,  not  exceeding  fifteen  days,  ac- 
cording to  the  nature  of  the  offense,  unless  the  fine  be  paid 
and  the  security  required  be  sooner  given ;  provided,  that 
the  security  required  shall,  in  no  case,  exceed  five  hundred 
dollars. 

Art.  351.  That  any  person  found  sleeping  in  any  street, 
alley  or  any  of  the  public  grounds  of  the  city  of  Galveston  ; 
or  in  any  empty  goods  box,  crate,  barrel,  hogshead,  cask  or 
thing  of  like  kind  that  may  be  upon  or  in  any  street  or 
alley  or  any  of  the  public  grounds  of  said  city;  or  in  any 
railway  car  with  the  limits  of  said  city ;  or  upon  any  of  the 
wharves  within  the  limits  of  said  city ;  or  within  any  saloon, 
barroom,  variety  theater  or  tippling  house  within  the  limits 
of  said  city;  or  in  any  public  place  within  the  limits  of  said 
city  where  people  habitually  resort  for  the  purposes  of  busi- 
ness or  amusement,  shall  be  deemed  guilty  of  loafing,  and. 


170 


CITY  or  GALVESTON.  Aet.  352-355. 

upon  conviction  thereof,  shall  be  fined  not  less  than  one 
dollar  nor  more  than  twenty-five  dollars. 

Art.  352.  It  shall  be  unlawful  for  any  person  or  persons 
to  keep  a  bawdy  house  or  house  of  ill-fame,  or  any  house 
which  persons  may  frequent  for  purposes  of  prostitution  or 
assignation,  or  any  house  used  for  the  purpose  of  smoking 
opium,  within  the  limits  of  the  city.  Any  person  who  shall 
violate  the  provisions  of  this  article,  or  either  of  them,  shall 
be  fined  in'  any  sum  not  less  than  twenty-five  dollars  and 
not  more  than  one  hundred  dollars. 

Art.  353.  Any  person  or  persons  who  shall  rent  or  lease 
any  house,  room,  tenement  or  premises  to  be  used  for  any 
of  the  purposes  named  in  the  preceding  article,  or  shall  rent 
the  same  to  any  prostitute,  bawd  or  person  of  ill-fame,  or 
generally  known  to  be  of  such  character,  and  plying  her 
vocation  as  such  therein,  shall  be  fined  in  any  sum  not  less 
than  twenty-five  dollars  and  not  more  than  one  hundred 
dollars. 

Art.  354.  If  any  person  or  persons  shall  play  at  any 
tavern,  inn,  storehouse,  house  for  retailing  spirituous  liquors, 
or  any  other  public  house,  or  in  any  street,  alle}^,  or  in  any 
other  public  place,  or  in  any  out-house,  at  any  game  or  games 
with  cards  or  dice,  for  money  or  other  vaktable  consideration, 
he  or  they  shall  be  fined  in  any  sum  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars. 

Art.  355.  Xo  person  or  persons  shall  give  a  public  ball, 
or  have  public  dancing  upon  premises  under  their  control, 
within  said  city,  unless  they  shall  have  first  obtained  from 
the  police  and  fire  commissioner  and  chief  of  police  of  said 
cit}'  a  license  to  give  such  ball,  or  to  have  such  dancing,  and 
shall  also  have  filed  such  license  in  the  office  of  the  chief 
of  police  at  least  six  hours  before  the  commencement  of  such 
ball  or  dancing.  Xo  such  license  shall  be  granted,  unless 
the  person  or  persons  appl3ang  therefor  shall  first  pay  to 
said  chief  of  police  a  license  fee  of  five  dollars,  and  every 
such  license  shall  be  for  one  such  ball,  or  dancing,  and  shall 
specif}"  the  time  and  place  of  giving  or  having  the  same. 
An}'  person  or  persons  who  shall  give  a  public  ball  or  have 
public    dancing,    as    aforesaid,   without    having   obtained    and 

171 


Art.  356-358.      revised  ordinances  of  the 

filed  said  license,  as  hereinbefore  provided,  shall  be  liable  to 
a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Art.  356.  It  shall  be  the  duty  of  the  chief  of  police  to 
cause  one  or  more  policemen  to  be  in  attendance  at  all  such 
balls  and  public  dancing,  for  the  purpose  of  preserving  order, 
and  the  person  or  persons  giving  such  ball  or  public  dancing 
for  each  policeman  in  attendance  shall  pay  to  the  chief  of 
police  the  sum  of  two  and  a  half  dollars,  which  shall  be  ap- 
plied to  the  payment  of  such  policeman  for  such  special 
service. 

Art.  357.  Should  any  riot  or  disturbance  of  good  order 
take  place  at  any  such  ball  or  dance,  unless  it  be  im- 
mediately suppressed,  it  shall  be  the  duty  of  the  officers  in 
attendance  to  cause  the  same  to  be  closed  forthwith,  and  any 
proprietor  or  proprietors  of  any  public  ball  or  dance  house 
failing  or  refusing  to  comply  with  the  provisions  of  this 
article,  shall  be  liable  to  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars. 

BAR    ROOMS. 

Art.  358.  It  shall  not  be  lawful  for  any  owner,  proprietor 
or  agent  of  any  establishment  in  the  city  of  (ialveston,  by 
whatsoever  name  the  same  may  be  called  or  known,  wherein 
vinous,  spirituous,  malt  or  other  intoxicating  liquors  are  kept 
for  sale  in  quantities  less  than  one  quant,  to  keep  such  es- 
tablishment open  to  a  later  hour  than  12  o'clock  at  night, 
nor  to  open  the  same  at  an  earlier  hour  than  4  o'clock  in 
the  morning;  nor  shall  it  be  lawful  to  sell  or  otherwise  dis- 
pose of  any  vinous,  spirituous,  malt  or  other  intoxicating 
liquors,  in  any  establishment,  to  any  person  or  persons,  under 
any  pretext  whatever,  between  the  hours  above  specified, 
during  which  said  establishment  shall  be  kept  closed.  And 
any  person  or  persons  found  violating  any  or  either  of  the 
provisions  of  this  article  shall  be  fined  in  a  sum  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
for  each  violation,  thereof,  and  shall  also  be  liable  to  a  fur- 
ther penalty  of  not  exceeding  fifteen  days'  imprisonment — 
said  fine  to  be  recovered  before  the  president  of  the  board 
or  recorder  of  said  city. 

172 


CITY   OF   GALVESTON.  AliT.  359-362. 

BATHING    LIMITS. 

Art.  359.  It  shall  not  be  lawful  for  any  person  to  divest 
himself  or  herself  of  his  or  her  clothing,  or  expose  his  or 
her  naked  person,  on  any  of  the  wharves  or  docks  any  time 
between  the  hours  of  sunrise  in  the  morning  and  sunset  in 
the  evening,  for  the  purpose  of  or  on  the  pretext  of  bathing; 
and  any  person  offending  against  the  provisions  of  this  article 
shall  be  subject  to  a  fine  not  exceeding  twenty  dollars  for 
each  and  ever}^  ofifense. 

Art.  360.  It  shall  not  be  lawful  for  any  person,  male  or 
female,  over  the  age  of  eight  years,  to  bathe  in  the  waters 
of  the  gulf  on  the  beach  in  front  of  the  city  of  Galveston, 
between  Sixteenth  street  on  the  east  and  Twenty-seventh 
street  on  the  west,  between  the  hours  of  4  o'clock  a.  m.  and 
10  o'clock  p.  m.,  nor  at  any  other  place  on  the  gulf  beach 
within  the  corporate  limits  of  the  city  of  Galveston,  during 
daylight,  or  between  the  hours  of  6  o'clock  a.  m.  and  8  o'clock 
p.  m.,  unless  such  person  be  clothed  in  a  costume  sufficient 
to  cover  the  body  from  neck  to  knee,  arms  excepted. 

Art.  361.  Any  persons  violating  the  provisions  of  the  two 
preceding  articles  shall,  on  conviction  thereof  before  the  re- 
corder, be  lined  in  a  sum  not  exceeding  ten  dollars. 

ANIMALS. 

Art.  oG2.  It  shall  not  be  lawful  for  horses,  mules,  cattle, 
hogs,  sheep  or  other  animals  to  run  at  large  within  the  cor- 
porate limits  of  the  city  of  Galveston.  It  shall  be  the  duty 
of  the  chief  of  police  to  designate  one  or  more  policemen 
to  receive  and  take  charge  of,  as  keepers  of  the  public  pound, 
all  animals  arrested  or  taken  up  under  this  article ;  and  they 
shall  gather  up  all  horses,  mules,  cattle,  goats,  hogs,  sheep 
or  other  animals  running  at  large  in  the  limits  of  the  city, 
and  shall  impound  them  in  the  public  pound  for  at  least  three 
days;  and  the  chief  of  police  shall  sell  the  same  at  public 
auction,  for  cash,  at  such  time  and  place  as  he  may  designate, 
giving  two  full  days'  public  notice  of  said  sale  in  the  official 
newspaper  of  the  city,  and  by  notice  posted  at  the  market 
house,  describing  the  animal  or  animals  impounded ;  pro- 
vided,  however,  that   the  owner  or  owners   of   said   animals 

173 


Art.  363-367.      revised  ordinances  of  the 

impounded  may  redeem  the  same  at  any  time  before  the  sale 
by  paying-  all  the  expenses  incurred  in  catching,  impounding 
and  keeping  said  animals,  and,  in  addition  thereto,  pay  for 
any  such  goat  or  sheep  four  dollars;  and  every  such  hog, 
two  dollars  and  fifty  cents;  and  every  such  horse  or  mule, 
one  dollar;  and  every  such  head  of  cattle,  one  dollar.  The 
persons  appointed  by  the  chief  of  police  shall  be  commis- 
sioned as  policemen  of  the  city,  and  shall  discharge  this  duty 
without  further  pay  or  emolument  than  their  regular  monthly 
salary. 

Art.  363.  All  moneys  received  from  fines  or  sales  of 
animals  impounded  shall  be  appropriated — first,  to  the  pay- 
ment of  all  expenses  incurred  in  catching,  impounding,  keep- 
ing and  selling  said  animals ;  second,  to  pay  any  and  all  extra 
expenses  incurred;  third,  if  there  be  any  balance  remaining 
after  paying  said  expenses,  the  same  shall  be  paid  to  the 
owner  of  the  animals  so  sold. 

Art.  364.  The  owner  or  owners  of  animals  sold  under  the 
provisions  of  this  article  may  redeem  the  same  at  any  time 
within  two  days  from  the  date  of  said  sale  by  paying  the 
purchaser  thereof  the  amount  of  the  purchase  money  and  all 
reasonable  expenses  that  the  purchasers  may  have  incurred 
in  keeping  the  same. 

Art.  365.  If  at  the  time  of  the  sale  no  purchaser  shall  be 
found  for  any  of  the  animals  impounded,  under  the  provisions 
of  this  article,  then  the  chief  of  police  shall  kill,  or  caused  to 
be  killed,  all  such  animals,  and  deposit  their  carcasses  in 
the  places  designated  for  such  matter. 

Art.  366.  Owners  of  horses  and  milch  cows  shall  be  al- 
lowed to  drive  such  animals  in  the  morning  before  eight 
o'clock,  and  in  the  evening  after  five  o'clock  loose  through 
the  streets  and  in  charge  of  competent  persons,  and  they  shall 
be  responsible  for  any  damage  that  may  be  done  by  such 
animals. 

Art.  367.  All  persons  are  prohibited  from  raising  or  feed- 
ing any  swine  or  goats  within  any  house,  pen,  yard  or  other 
ground  within  the  corporate  limits  of  the  city  of  Galveston ; 
provided,  that  goats  are  allowed  to  be  kept  within  the  en- 
closures of  the  owners,  but  in  a  cleanly  and  inoffensive  way 

174 


CITY   OF   GALVESTON.  ArT.  368-372. 

to  the  neighbors  and  citizens,  and  shall  not  be  allowed  to  run 
at  large. 

Art.  368.  Every  person  being  the  owner  of  such  swine 
or  goats,  or  owner  or  occupant  of  the  premises,  violating  the 
preceding  article,  shall  be  fined  not  more  than  ten  dollars 
($10)  for  each  and  every  such  offense. 

Art.  309.  That  any  person  who  shall  hereafter  suffer  or 
allow  any  horse,  mule,  ox,  cow,  hog  or  goat  to  run  at  large 
within  the  corporate  limits  of  the  city  of  Galveston  shall, 
upon  conviction  before  the  recorder,  be  fined  in  a  sum  of 
not  more  than  ten  dollars. 

Art.  370.  The  driving  of  beeves  or  other  cattle  in  droves 
within  the  city  limits  or  through  the  streets  of  the  city,  is 
hereby  prohibited ;  provided,  that  calves  and  yearlings  in- 
tended for  shipment  may  be  driven  in  day  time  into  said 
city,  and  on  Avenue  K  down  to  Nineteenth  street  and  thence 
on  Nineteenth  street  to  the  Brick  Wharf  for  shipment ;  and 
beeves  and  other  cattle  may  be  driven  in  droves  on  to  Strand 
street,  west  of  Thirty-second  street,  and  thence  down  Strand 
street  to  the  Brick  Wharf  for  shipment  at  any  time  between 
11  o'clock  p.  m.  and  one  hour  before  daylight;  provided,  that 
said  droves  of  cattle,  yearlings  and  beeves  shall  be  driven 
with  as  little  noise  and  disturbance  as  possible,  and  they 
shall  be  well  guarded  by  a  sufficient  number  of  men ;  and 
the  owners  thereof  shall  be  responsible  for  all  damage  that 
may  be  done  by  said  droves,  or  the  drivers  thereof,  while 
said  droves  are  being  driven  through  said  streets;  provided, 
further,  that  this  article  shall  not  apply  to  milch  cows. 

Art.  371.  Any  person  or  persons  who  shall  drive  or  cause 
to  be  driven  any  beeves,  calves,  yearlings  or  other  cattle,  con- 
trary to  the  provisions  of  the  preceding  article,  shall,  upon 
conviction  thereof,  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  and  every  offense. 

Art.  372.  It  shall  not  be  lawful  for  the  owner  or  occupant 
of  any  premises  within  the  corporate  limits  of  the  city  of 
Galveston  to  keep  or  raise,  or  suft'er  to  be  kept  or  raised,  on 
such  lot  or  premises,  pigeons  upon  any  pretext  or  for  any 
purpose  whatever.  That  any  person  or  persons  violating  this 
article  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  more 

175 


Art.  373-377.      revised  okdinanoes  of  the 

than  ten  dollars ;  and  if  said  fine  be  not  paid,  then  said  person 
or  persons  shall  be  imprisoned  for  a  period  of  not  less  than 
five  nor  more  than  fifteen  days. 

Art.  373.  That  it  shall  not  be  lawful  for  any  person  to  tie 
or  fasten  any  animal  upon  or  within  reach  of  any  street,  side- 
walk or  esplanade,  for  the  purpose  of  grazing  thereon;  and 
any  person  violating  the  provisions  of  this  article,  upon  con- 
viction thereof,  shall  be  liable  to  a  fine  of  not  more  than  ten 
dollars  for  each  ofifense. 

Art.  374.  That  any  person  who  overrides,  overdrives, 
overloads,  tortures,  ill  treats  or  cruelly  or  unnecessarily  beats, 
maims,  mutilates  or  kills  any  aiamal,  whether  belonging  to 
himself  or  another,  or  who  deprives  any  animal  of  the  neces- 
sary sustenance,  feed  or  drink,  or  causes  any  of  the  above 
acts  to  be  done,  or  who,  being  the  owner  of  such  animal,  per- 
mits such  acts  to  be  done  by  another,  with  his  knowledge ; 
or  who  wilfully  sets  on  foot,  institutes  or  engages  in,  or  in  any 
manner  furthers,  any  active  cruelty  to  any  animal,  shall,  upon 
conviction  thereof  before  the  recorder  of  this  city,  be  fined 
as  hereinafter  provided. 

Art.  375.  Any  person  who,  having  in  custody  any  maimed, 
diseased,  disabled  or  infirm  animal,  leaves  it  to  lie  or  be 
in  a  street,  road,  alley  or  public  place,  or  who  shall  carry  or 
cause  to  be  carried  in  or  upon  any  vehicle  or  otherwise,  any 
animal,  in  a  cruel,  brutal  or  inhuman  manner  or  so  as  to 
produce  torture,  or  unnecessary  sufifering,  shall  be  deemed 
guilty  of  a  violation  of  this  ordinance,  and  shall,  upon  con- 
viction thereof  before  the  recorder,  be  punished  as  hereinafter 
provided ;  provided  that  the  provisions  of  this  article  shall 
not  be  construed  as  prohibiting  the  docking  of  horses  tails 
or  the  dehorning  of  cattle. 

Art.  376.  Any  person  violating  any  of  the  provisions  of 
this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  before  the  recorder  of  this  city,  be 
fined  in  any  sum  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars. 

Art.  377.  That  no  person  shall  keep,  retain  or  allow,  or 
employ  to  be  kept  or  retained  at  any  place  within  the  city, 
any   animal   of  the   horse   or   ass   species   having   the   disease 

176 


CITY   OF   GALVESTON.  ART.  377-378, 

known  as  glanders  or  farcy,  but  shall  at  once  report  the  fact 
to  the  health  physician,  and  under  the  direction  of  a  sanitary 
inspector  shall  remove  such  animal,  in  the  manner  desig- 
nated by  such  sanitary  inspector  to  such  place  as  may  be  des- 
ignated by  the  health  physician.  No  animal  having  glanders 
or  farcy,  or  an  contagious  disease,  or  that  shall  die  thereof, 
shall  be  removed,  disposed  of,  or  exposed  in  any  street  or 
public  place  in  the  city  without  a  written  permit  from  the 
health  physician,  and  then  only  in  accordance  with  the  terms 
of  such  permit.  That  every  veterinary  surgeon  who  is  called 
to  examine  or  professionally  attend  any  animal  within  the 
cit}^  having  the  glanders  or  farcy,  or  any  contagious  disease, 
shall,  within  twenty-four  hours  thereafter,  report  in  writing 
to  the  health  physician  of  the  city  the  following  facts,  viz. : 

1st.     A  statement  of  the  location  of  such  deceased  animal. 

2d.      The  name  and  address  of  the  owner  thereof. 

3d.      The  type  and  character  of  the  disease. 

That  any  person  violating  the  provisions  of  this  article,  or 
any  of  them,  shall  be  fined  in  any  sum  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

DOGS. 

Art.  378.  It  shall  be  the  duty  of  the  chief  of  police  to 
designate  one  or  more  policemen  to  receive,  take  charge  of, 
and  place  in  the  public  pound,  all  dogs  and  bitches  found 
running  at  large  in  the  streets,  alle3^s,  markets,  or  other  pub- 
lic grounds  of  the  cit}^  of  Galveston,  not  furnished  with  the 
tag  and  muzzle  as  hereinafter  provided,  and  shall  impound 
them  in  the  public  pound  at  least  three  days,  and  at  the  expira- 
tion of  which  time  it  shall  be  the  duty  of  the  keeper  of  said 
pound  to  kill  or  cause  to  be  killed  any  and  all  such  dog  or 
dogs,  bitch  or  bitches,  then  remaining  in'  said  pound;  pro- 
vided, however,  that  the  owner  or  owners  of  any  such  dog 
or  dogs,  bitch  or  bitches,  so  impounded  may  redeem  the  same 
at  au}^  time  before  the  expiration  of  said  three  days  by  pay- 
ing a  fine  of  fifty  cents  for  each  and  every  dog  or  bitch  so 
redeemed,  and  by  paying  an  additional  sum  of  one  dollar 
for  each  dog  and  three  dollars  for  each  bitch  desired  to 
be  so  redeemed  as  a  license  fee.  and  securing  the  metal  tag 


AET,  370-381.         REVISED   ORDINANCES   OF   THE 

hereinafter  provided  for  from  the  collector  of  taxes;  pro- 
vided, further,  that  the  ov^^ner  of  any  dog  or  dogs,  bitch  or 
bitches,  in  said  city  shall  have  the  right  to  obtain  from  the 
city  collector,  upon  application  to  him  therefor,  a  license  for 
each  and  every  dog  or  bitch,  and  a  metal  tag  with  the  num- 
ber of  such  license  stamped  thereon,  on  payment  to  the  city 
collector  of  the  license  tax  as  above  provided — all  licenses 
to  expire  on  the  31st  day  of  December  of.  each  year — and 
that  any  such  licensed  dog  or  bitch  upon  which  a  collar  is 
placed  with  such  metal  tag  attached  thereto,  and  which  is 
so  muzzled  as  to  prevent  its  biting,  shall  not  be  embraced 
in  or  subject  to  the  terms  of  this  ordinance.  That  the  person 
or  persons  designated  and  appointed  by  the  chief  of  police 
to  receive,  take  charge  of  or  kill  such  dog  or  dogs,  bitch 
or  bitches,  shall  be  a  commissioned  policeman  of  the  city, 
and  shall  discharge  the  duties  imposed  by  this  ordinance 
without  further  pay  or  emolument  than  their  regular  monthly 
salary. 

Art.  379.  That  whenever  an}^  case  of  hydrophobia  shall 
occur  or  be  reported  to  exist  within  the  limits  of  the  city,  it 
shall  be  the  duty  of  the  health  physician  to  inquire  diligently 
into  the  facts  of  the  case,  and  if  he  is  satisfied  of  the  truth 
of  the  rumor,  he  shall  so  report  to  the  president  of  the  city, 
who  shall  immediately  issue  his  proclamation  (through  the 
official  newspaper  and  by  placard),  rerjuiring  all  dogs,  whether 
licensed  or  not,  to  be  chained  up  within  the  premises  of  the 
owner  twenty-four  hours  after  the  promulgation  of  such  proc- 
lamation;  it  shall  be  the  duty  of  the  chief  of  police  to  detail 
a  sufficient  number  of  his  force  to  kill  in  the  most  summary 
manner  all  dogs  found  running  at  large,  whether  the  dog  be 
licensed  and  tagged  or  not,  and  continue  to  do  so  until  such 
proclamation  shall  have  been  revoked. 

Art.  380.  That  any  dog  or  bitch  that  may  bite  any  person 
or  persons,  shall  be  killed  by  order  of  the  chief  of  police  at 
request  of  the  parties  bitten  or  any  member  of  their  families. 

UNLAWFULLY    CARRYING    ARMS. 

Art.  381.  If  any  person  in  this  city  shall  carry  on  or 
about  his  person,  saddle  or  in  his  saddle  bags,  any  pistol,  dirk, 

178 


CITY  OF  GALVESTON.  AeT.  382-384. 

dagger,  slung  shot,  sword  cane,  spear,  or  knuckles  made  of 
any  metal  or  hard  substance,  bowie  knife,  or  any  other  kitid  of 
knife  manufactured  and  sold  for  purposes  of  ofifense  or  defense, 
he  shall  be  subject  to  a  fine  of  not  less  than  twenty-five  nor 
more  than  two  hundred  dollars,  and  shall  be  imprisoned  not 
less  than  twenty  nor  more  than  sixty  days. 

Art.  382.  The  preceding  article  shall  not  apply  to  a  per- 
son in  actual  service  as  a  malitiaman,  nor  to  a  peace  officer 
or  policeman,  or  other  person  summoned  to  his  aid,  nor  to  a 
revenue  or  other  civil  officer  engaged  in  the  discharge  of 
official  duty,  nor  to  the  carrying  of  arms  on  one's  own  premi- 
ses or  place  of  business,  nor  to  one  who  has  reasonable  ground 
for  fearing  an  unlawful  attack  upon  his  person,  and  the  danger 
so  imminent  and  threatening  as  not  to  admit  of  the  arrest  of 
the  party  about  to  make  such  attack,  upon  legal  process. 

Art.  383.  Any  person  violating  the  provisions  of  article 
381,  may  be  arrested  without  warrant  by  any  member  of  the 
police  force  and  carried  before  the  recorder  for  trial  on  the 
municipal  docket  of  said  court;  and  any  member  of  the  police 
force  who  shall  fail  or  refuse  to  arrest  such  person  on  his 
own  knowledge,  or  upon  information  from  some  creditable 
person,  shall  be  punished  by  a  fine  of  twenty-five  dollars,  to 
be  deducted  from  his  monthly  pay,  and  shall  in  addition  thereto 
be  removed  from  the  police  force. 

CHAPTER  SEVEN. 

PAWNBROKERS REGULATING. 

x\rt.  384.  That  it  shall  be  the  duty  of  the  chief  of  police 
to  purchase  a  suitable  number  of  books  for  the  use  of  pawn- 
brokers, as  hereinafter  specified,  and  that  he  is  authorized 
to  use  any  money  in  his  hands  for  that  purpose,  or  that  may 
come  into  his  hands,  not  to  exceed  two  hundred  dollars,  or  so 
much  thereof  as  he  may  find  necessary.  It  shall  be  the  duty 
of  each  and  every  person  engaged  in  the  business  of  pawn- 
broking,  or  as  pawnbroker,  or  who  may  hereafter  engage 
therein,  in  the  city  of  Galveston,  to  procure  and  keep  on  hand 
one  of  the  said  books,  and  make  or  cause  to  be  made  therein 
the  entries  prescribed,  and  keep  and  have  said  book  at  all 
times  open   to  the   inspection  of  the   chief  of  police ;  and  it 

179 


Art.  385-389.      revised  ordixaxces  of  the 

shall  be  his  duty  to  exhibit  to  the  chief  of  police,  or  any  officer 
specially  designated  by  him  for  that  purpose,  said  book  or 
any  article  or  articles  entered  in  said  book,  whenever  de- 
manded by  the  chief  of  police,  or  said  officer  so  designated  by 

him. 

Art.  385.  Such  book  or  books  herein  provided  for,  shall 
be  a  well  bound  blank  book,  properly  ruled,  and  shall  be 
marked  "City  Pawnbroker's  Book,"  and  shall  be  furnished  to 
any  pawnbroker  of  said  city,  free  of  charge,  by  said  chief  of 
police,  upon  his  application  therefor. 

Art.  386.  Every  person  engaged  in  business  as  a  pawn- 
broker shall  make,  or  cause  to  be  made,  a  daily  entrance  in 
such  book,  so  furnished,  of  any  and  all  articles  received  by 
him  in  the  course  of  his  said  business,  and  shall  also  affix  a 
number  to  the  same,  and  make  entry  of  such  number  in  said 
book,  and  also  the  name  of  the  person  or  persons,  if  known, 
making  deposit  of  such  article  or  articles,  and  if  unknown, 
the  same  shall  be  stated  as  unknown ;  and  entry  shall  also  be 
made  in  said  book  of  the  amount  of  loan  upon  the  article  or 
articles  numbered,  or  so  to  be  numbered,  as  aforesaid     . 

Art.  387.  Each  and  every  person  engaged  in  the  business 
of  pawnbroking,  or  as  pawnbroker,  shall  make,  or  cause  to  be 
made,  in  such  book,  daily,  accurate  entries  of  all  the  matters 
hereinbefore  required  to  be  entered. 

Art.  388.  That,  should  any  pawnbroker,  or  any  person 
engaged  in  business  as  such,  within  the  corporate  limits  of  the 
city  of  Galveston,  or  who  may  hereafter  engage  in  business 
as  such  in  said  city,  fail,  neglect  or  refuse  to  comply  with  the 
provisions  hereof,  or  any  one  of  them,  such  person  or  pawn- 
broker shall  be  fined  in  a  sum  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  and  the  court  or  jury 
trying  the  case  may  also,  in  their  discretion,  assess  the  fur- 
ther punishment  of  imprisonment  of  not  more  than  thirty 
days,  and  the  court  or  jury  may  also,  in  their  discretion,  for- 
feit the  license  of  such  person  as  such  pawnbroker. 

theatres,  shows,  circuses  and  other  exhibitions. 

Art.  389.  Every  person  who  shall  keep  or  exhibit  any 
theatre,  concert,  circus  or  equestrian  performance,  menagerie, 

180 


CITY   OF   GALVESTON.  ART.  390-393. 

or  any  exhibition,  shall  employ,  at  the  discretion  of  the  presi- 
dent, one  or  more  of  the  city  police,  for  the  purpose  of  at- 
tending such  exhibition,  and  to  preserve  order  and  decorum 
therein,  and  shall  pay  to  each  not  less  than  two  dollars  for 
each  exhibition,  and  admit  such  officers  free  of  charge ;  and  a 
refusal  or  neglect  to  do  so  shall  work  a  forfeit  of  the  license 
to  exhibit,  and  subject  such  person  to  a  fine  of  not  less  than 
twenty-five  dollars  for  each  exhibition ;  provided,  that  the  pres- 
ident may  grant  permission  for  exhibitions,  concerts  and 
other  public  entertainments  for  charitable  or  religious  pur- 
poses without  requiring  the  employment  of  policemen. 

/\rt.  390.  It  shall  be  the  duty  of  the  chief  of  police,  when 
applied  to  for  that  purpose,  to  designate  one  or  more  of  the 
police  officers  to  so  attend  said  exhibitions,  whose  duty  it 
shall  be  to  attend  said  exhibitions,  and  to  preserve  quiet  and 
good  order  at  the  same. 

CHAPTER  EIGHT. 

DIVISION   FENCES. 

Art.  391.  It  shall  be  the  duty  of  the  owner  or  owners  of 
all  occupied  lots  to  erect  and  keep  in  repair  proper  fences  to 
divide  their  property  from  the  next  and  adjoining;  one-half 
of  each  division  fence  to  be  paid  for  by  each  owner  or  owners 
thereof ;  said  fence  to  be  not  less  than  five  feet  in  height,  sub- 
stantially built,  of  good  material,  the  posts  not  more  than 
nine  feet  apart,  and  the  palings  not  more  than  one  and  one- 
half  inches  from  each  other. 

Art.  392.  Anv  person  owning  an  occupied  lot,-  who  shall 
have  erected  his  half  of  the  division  fence,  as  contemplated  in 
article  391,  may  require  the  owner  or  agent  of  the  adjoining 
occupied  lot  to  erect  the  other  half  of  said  fence  on  giving 
him  thirty  days'  notice  to  erect  the  same,  which  party  shall 
comply  with  this  article  within  thirty  days  after  receiving 
such  notice  ;  and  if  he  neglects  or  refuses  so  to  do,  he  shall  be 
liable  to  a  fine  of  five  dollars  per  day  for  each  day  thereafter 
he  shall  fail  to  erect  said  division  fence. 

Art.  393.  No  provision  herein  shall  be  so  construed  as  to 
compel  owners  of  vacant  lots  to  erect  any  part  of  any  division 
fence  adjoining  the  same. 

181 


Art.  394-399.      revised  ordinances  of  the 

Art.  394:.  That  it  shall  be  unlawful  to  construct,  erect  or 
repair  barbed  wire  fences  within  the  corporate  limits  of  the 
city  of  Galveston  except  as  hereinafter  provided. 

Art.  395.  That  between  Forty-fifth  street  on  the  east  and 
Fifty-sixth  street  on  the  west,  such  fences  may  be  construc- 
ted, erected  or  repaired,  provided  the  owner,  agent  or  lessee 
of  the  property  or  the  land  where  said  fence  is  to  be  con- 
structed, erected  or  repaired  shall  first,  and  before  the  begin- 
ning of  the  construction,  erection  or  repairing  of  such  fence, 
secure  permission  therefor  from  the  board  of  the  city  of  Gal- 
veston. 

Art.  396.  An}-  land  holder,  whether  the  same  be  a  person 
or  a  corporation,  or  any  agent,  tenant  or  lessee  of  any  property 
who  shall  violate  the  provisions  of  the  two  preceding  articles, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof  before  the  recorder  of  the  city  of  Galveston,  shall 
be  fined  in  the  sum  of  not  less  than  $5  nor  more  than  $25. 

Art.  397.  If  any  person  shall  play  at  any  game  with  cards 
at  any  house  for  retailing  spirituous  liquors,  storehouse,  tavern, 
inn  or  any  other  public  house  or  in  any  street,  highway  or 
public  place,  or  in  any  outhouse  where  people  resort,  he  shall 
be  fined,  on  conviction  before  the  recorder  of  this  city,  in  any 
sum  not  less  than  twenty-five  dollars  and  not  more  than  one 
hundred  dollars. 

Art.  398.  All  houses  commonly  known  as  "public"  and  as 
"gaming  houses"  are  included  within  the  meaning  of  the  pre- 
ceding section.  Any  room  attached  to  such  public  houses  and 
commonly  .used  for  gaming  is  also  included,  whether  the  same 
be  kept  closed  or  open.  A  private  room  of  an  inn  or  tavern  is 
not  within  the  meaning  of  "public  places,"  unless  such  room  is 
commonly  used  for  gaming,  nor  is  a  private  business  office  or 
private  residence  to  be  construed  as  within  the  meaning  of  a 
"public"  house  or  place,  providing  such  private  office  or  resi- 
dence shall  not  be  a  place  for  retailing  spirituous  liquors. 

Art.  399.  In  prosecutions  under  the  two  preceding  articles, 
it  shall  not  be  necessary  for  the  city  to  prove  that  any  money 
or  article  of  value,  or  the  representative  of  either,  was  bet  at 
such  game.    The  ofifense  is  complete  without  such  proof. 


182 


CITY   OF   GALYESTOX.  ART.  400-403. 

Art.  400.  If  any  person  shall  bet  or  wager  at  any  gaming 
table,  or  bank,  or  pigeon  hole,  or  Jenny  Lind  table,  or  nine  or 
ten-pin  alley,  or  an}'  gaming  table,  or  bank  of  any  name  or 
description  whatever,  or  any  table  or  bank  used  for  gaming 
which  has  no  name,  or  shall  bet  or  wager  any  money  or  other 
thing  of  value  at  any  of  the  following  games,  viz :  Faro. 
Monte,  Vingt-et-un,  Rouge-et-noir,  "A.  B.  C."  Chuck-aluck, 
Keno,  Pool  and  Rondo,  Poker  Dice,  Jack  Pot,  High  Dice,  Low 
Dice,  Dominoes,  Euchre  with  Dominoes.  Poker  with  Dominoes, 
Set  with  Dominoes,  ]\Iuggins,  Crack-loo,  Crack-or-loo,  or  at 
any  game  of  any  character  whatever  that  can  be  played  with 
dice  or  dominoes,  or  at  any  table,  bank,  or  alley,  by  whatever 
name  known,  and  without  reference  as  to  how  the  same  may 
be  constructed  or  operated,  he  shall  be  fined  not  less  than  Ton 
dollars  nor  more  than  Twenty-five  dollars,  provided  no  person 
shall  be  indicted  under  this  section  for  playing  any  of  said 
games  without  dice  or  dominoes  at  a  private  residence,  and 
provided  further  that  any  game  played  for  money  upon  any 
billiard  table  or  representing  a  billiard  table,  other  than  the 
game  of  billiards  licensed  by  law,  is  punishable  under  tlie 
provisions  of  this  ordinance. 

Art.  401.  If  any  person  shall  permit  any  game  prohibited 
by  the  provisions  of  this  ordinance  to  be  played  in  his  house, 
or  at  a  house  under  his  control,  or  upon  his  premises,  or  upon 
premises  under  his  control,  the  said  house  being  a  public 
house  or  the  said  premises  being  appurtenances  to  a  public 
house,  he  shall  be  fined  not  less  than  Twenty-five  dollars  nor 
more  than  one  hundred  dollars. 

Art.  402.  If  any  person  shall  rent  to  another  a  room  or 
house  for  the  purpose  of  being  used  as  a  place  for  playing, 
dealing  or  exhibiting  any  games  prohibited  by  the  provisions 
of  this  ordinance,  he  shall  be  fined  not  less  than  Twenty-five 
nor  more  than  One  hundred  dollars. 

Art.  403.  Any  court,  officer  or  tribunal  having  jurisdiction 
of  the  offenses  enumerated  in  this  ordinance  may  subpoena 
persons  and  compel  their  attendance  as  witnesses  to  testify 
to  the  violation  of  any  of  the  provisions  of  the  foregoing  arti- 
cles. Any  person  so  summoned  and  examined  shall  not  be 
liable  for  prosecution  for  any  violation  of  said  articles  about 
H-  183 


Art.  404-407.      revised  ordinances  of  the 

which  he  may  testify,  and  for  any  offense  enumerated  in  this 
ordinance  a  conviction  may  be  had  upon  the  unsupported  evi- 
dence of  an  accomplice  or  participant. 

Art.  404.  That  in  accordance  with  article  46  of  the  city 
charter  the  chief  of  police,  deputy  chief  of  police,  and  all  other 
police  ofificers  of  the  city  of  Galveston  be  and  they  are  hereby 
instructed  to  strictly  enforce  the  provisions  of  the  Penal  Code 
of  the  State  of  Texas  appertaining  to  gaming-.  The  chief  of 
police,  deputy  chief  of  police,  sergeants  and  special  ofificers 
being  hereby  especially  charged  to  see  that  patrolmen  on  their 
beats  exercise  the  utmost  vigilance  in  suppressing  all  places 
where  the  laws  against  gaming  are  violated,  and  that  the 
offenders  are  arrested. 

Art.  405.  Any  police  ofificer,  upon  wdiose  beat  any  person 
has  committed  an  offense  against  the  gaming  laws,  who  shall 
know  that  such  offense  has  been  committed  and  shall  neglect 
or  fail  to  give  information  thereof  to  the  recorder  of  the  city 
of  Galveston,  shall  be  punished  as  provided  for  in  article  393  of 
chapter  4  of  the  Penal  Code,  and  upon  conviction  shall  be  re- 
moved from  the  police  force  of  the  city  of  Galveston  and  be 
debarred  from  thereafter  holding  office  under  the  city.  The 
same  rule  shall  apply  to  all  of  the  police  ofificers  of  said  city, 
but  the  attention  of  patrolmen  is  more  especially  directed 
thereto  as  the  police  regulations  make  it  their  duty  to  investi- 
gate and  know  of  the  existence  of  such  places  on  their  res- 
pective beats. 

CHAPTER  TEN. 

JUNK    DEALERS. 

Art.  406.  It  is  hereby  made  the  duty  of  the  chief  of  police 
to  procure  a  sufficient  number  of  blank  books  properly  headed 
and  ruled,  for  the  use  of  dealers  in  junk  and  in  second-hand 
clothing  and  other  second-hand  articles. 

Art.  407.  It  shall  be  the  duty  of  every  person  in  this  city 
now  or  hereafter  engaged  in  the  business  of  buying  and  selling, 
or  otherwise  dealing  in,  brass,  copper,  tin,  iron,  cotton  or  other 
materials  commonly  called  or  known  as  junk,  and  of  every 
person  now  or  hereafter  engaged  in  the  business  of  buying 
and  selling,  or  otherwise  dealing  in,  second-hand  clothing  and 

184 


CITY   OF   GALVESTON.  ART.  408-411. 

second-hand  goods  and  articles,  to  apply  to  the  chief  of  police 
for  one  of  the  blank  books  hereinbefore  described,  and  that 
officer  shall  deliver  a  book  to  such  dealer,  who  shall  thereafter 
enter  or  cause  to  be  entered  at  the  time  of  purchase  a  descrip- 
tion of  each  and  every  article  of  whatsoever  kind  bought  by 
him  and  the  price  paid,  together  with  the  name  and  residence 
of  the  person  from  whom  such  article  or  articles  were  bought 
or  obtained,  all  of  which  entries  shall  be  subject  to  the  inspec- 
tion of  the  chief  of  police,  or  any  officer  designated  by  him, 
together  with  the  article  and  items  so  bought  or  obtained, 
which  shall  be  kept  by  such  dealer  for  at  least  three  days  from 
and  after  the  date  of  buying  or  receivmg  the  same,  and  after 
the  expiration  of  which  time  he  may  dispose  of  them. 

Art.  408.  The  books  herein  provided  for  shall  be  well 
bound  blank  books,  properly  ruled  and  with  appropriate  head- 
ings, and  shall  be  marked  "City  Junk  and  Second-Hand  Deal- 
ers' Book.'" 

Art.  409.  Should  any  Junk  or  second-hand  dealer  fail  or 
refuse  to  comply  with  the  requirements  of  this  ordinance,  or 
any  of  them,  he  shall,  upon  conviction,  be  fined  in  the  sum  of 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars, 
and  each  day's  failure  or  refusal  to  comply  herewith  shall  be 
deemed  a  separate  offense. 

Art.  410.  A  junk  dealer  within  the  meaning  of  this  ordi- 
nance is  one  who  buys  or  deals  in  brass,  iron,  copper,  rope, 
sails,  sacks,  tools,  blocks,  tackles  and  other  articles,  either 
new  or  second-hand,  and  in  either  large  or  small  lots,  for  ship- 
ment or  sale.  A  second-hand  dealer  is  one  who  buys  to  sell 
again  second-hand  or  cast  off  clothing,  furniture,  crockery, 
household  goods  and  other  second-hand  articles,  or  such  as 
have  been  already  used 

CHAPTER  ELEVEN. 

SUNDRY    OFFENSES. 

Art.  411.  It  shall  be  unlawful  for  any  person  to  cut, 
])reak,  bruise,  mutilate  or  injure  any  tree,  shrub  or  flower 
growing  or  planted  on  any  public  square,  public  ground,  es- 
planade, street  or  sidewalk  in  the  city.    Any  person  who  shall 

185 


Art.  412-415.      revised  ordinances  of  the 

violate  any  provision  of  this  article  shall  be  fined  in  any  sum: 
not  exceeding  ten  dollars. 

Art.  412.  That  when  any  person  shall  be  annoyed  or 
damaged  by  poultry  of  any  kind  running  on  the  streets  or  side- 
walks of  the  city,  they  may  report  the  same  to  the  chief  of 
police  or  any  policeman,  whose  duty  it  shall  be  to  immediately 
notify  the  owners  of  said  poultry  of  the  complaint  made  and 
to  warn  said  owners  to  restrain  their  said  poultry  from  so 
running  at  large  and  any  person  who  shall  permit  their  said 
poultry  to  run  at  large  on  the  streets  and  sidewalks,  to  the 
annoyance  or  injury  of  their  neighbors,  after  notice  and  warn- 
ing as  herein  provided,  shall  be  fined  in  any  sum  not  exceed- 
ing ten  dollars. 

Art.  413.  It  shall  be  unlawful  for  persons  to  gather  to- 
gether in  squads  or  crowds  on  the  sidewalks  or  street  cor- 
ners, to  the  annoyance  of  the  owners  or  occupants  of  the  prem- 
ises abutting  on  the  same.  And  any  persons  who  shall  violate 
the  provisions  of  this  article,  after  being  warned  by  any  police- 
man or  any  owner  or  occupant  of  said  premises  to  remove, 
shall  be  fined  in  any  sum  not  exceeding  ten  dollars. 

Art.  414.  It  shall  be  the  duty  of  the  president  to  receive 
and  plant  along  the  jetties,  being  erected  by  the  United  States 
government  within  the  jurisdiction  of  the  city  of  Galveston, 
all  such  consignments  of  lobsters  as  may  be  sent  or  directed 
by  the  proper  department  at  Washington  City,  or  from  other 
sources,  with  a  view  of  experimenting  in  the  culture  of  lob- 
sters in  the  waters  along  the  gulf  coast.  That  it  shall  be  un- 
lawful for  any  person  to  take  and  remove  any  lobster  from  the 
waters  of  the  gulf,  channels  or  bays,  within  the  police  juris- 
diction of  the  city  of  Galveston,  without  the  consent  of  the 
board.  Any  person  who  shall  violate  the  provisions  of  this 
article  shall,  on  conviction,  be  fined  ten  dollars,  and  each  and 
every  lobster  so  taken  and  removed  in  violation  of  the  pro- 
visions of  this  article  shall  constitute  a  separate  ofifense. 

Art.  415.  It  shall  not  be  lawful  for  any  person  or  per- 
sons, who  take,  catch  or  capture  fish,  crabs,  or  shrimp  in  the 
waters  of  Galveston  bay  or  the  gulf  of  Mexico,  within  the  cor- 
porate limits  of  the  city  of  Galveston,  by  seines,  drag  nets,  set 
nets,  fish  baskets,  or  any  other  means,  device  or  contrivance 

186 


CITY   OF   GALVESTON.  ArT.  416-417. 

Avliatsoever  which  is  now  known  or  used  in  taking,  catching- 
or  destroying  fish,  or  which  may  hereafter  be  invented  for  that 
purpose,  to  empty  his  or  their  seines,  drag  nets,  fish  baskets, 
or  other  means  or  contrivance  used  for  capturing  and  catch- 
ing fish,  crabs  or  shrimp  on  the  beach  or  shores  of  said  waters, 
within  said  corporate  limits,  and  leave  any  of  the  contents 
thereof  upon  said  beach  or  shores  so  as  to  perish  and  decay, 
but  it  shall  be  the  duty  of  all  persons  so  engaged  immediately 
to  return  when  captured  or  caught,  to  the  waters  whence  they 
were  taken,  all  such  fish,  crabs  and  shrimp  as  are  not  selected 
and"  retained  for  use  or  sale. 

Any  person  or  persons  who  shall  violate  any  of  the  pro- 
visions of  this  article  shall  be  deemed  guilty  of  an  offense,  and, 
upon  conviction  thereof  before  the  recorder,  shall  be  fined  not 
less  than  twenty-five  nor  more  than  one  hundred  dollars. 

PROSTITUTES. 

Art.  -ilC).  Any  person  guilty  of  soliciting  trade  or  patron- 
age for  immoral,  lewd  or  indecent  persons,  or  soliciting  persons 
for  immoral,  lewd,  indecent  or  unnatural  purposes  or  practices, 
either  by  invitation,  signs,  calls  or  otherwise,  in  or  near  any 
street  or  alley  of  the  city  of  Galveston,  or  in  or  near  any  bar- 
room, saloon  or  other  public  place  in  said  city,  shall  be  fined 
in  the  sum  of  ten  dollars  for  each  offense. 

EXPECTORATION. 

Art.  417.  That  in  order  to  suppress  and  prevent  conta- 
gious diseases  in  the  city  of  Galveston,  and  for  the  promotion 
of  the  health  of  the  inhabitants  thereof,  it  is  hereby  declared 
to  be  unlawful  for  any  person  to  expectorate  on  or  upon  the 
fioor,  seats,  platforms  or  other  portions  of  the  street  cars  or 
other  public  conveyances,  or  within  the  Union  passenger  sta- 
tion of  the  city  of  Galveston  or  any  other  property  used  for 
th-e  common  benefit  of  the  public,  or  on  any  paved  sidewalk ; 
and  such  expectorating  is  hereby  declared  to  be  a  nuisance, 
dangerous  to  health,  and  any  person  or  persons  violating  the 
provisions  of  this  article  shall,  upon  conviction  before  the  re- 
corder of  the  city  of  Galveston,  be  fined  in  any  sum  not  ex- 
ceeding ten  dollars  for  each  and  every  offense. 

187 


Art.  418-421.      revised  ordinances  of  the 

MINORS. 

Art.  418.  That  from  and  after  the  passage  of  this  ordi- 
nance it  shall  be  unlawful  for  any  child  under  the  age  of  fifteen 
years  to  be  and  remain  upon  any  of  the  streets  of  the  city  of 
Galveston  between  the  hours  of  nine  o'clock  p.  m.  and  five 
o'clock  a.  m.,  unless  such  child  shall  be  accompanied  by  its 
parent  or  guardian  or  some  other  adult  person,  or  unless  such 
child  shall  have  been  so  sent  on  the  streets  by  its  said  parent 
or  guardian,  or  some  other  adult  person  charged  with  its  cus- 
tody. 

Art.  419.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  trial 
and  conviction  thereof  before  the  recorder,  shall  be  fined  in 
any  sum  not  exceeding  ten  dollars. 

CHAPTER  TWELVE. 

PROTECTION  OF  PUBLIC  PROPERTY. 

Art.  420.  It  shall  not  be  lawful  for  any  person  or  persons 
to  destroy,  injure,  cut,  chip,  break,  deface,  or  cover  or  rub 
with,  or  otherwise  place  filth  or  excrement  of  any  kind  upon 
any  public  property  in  the  city  of  Galveston,  or  on  any  public 
building,  statue,  monument,  office,  dwelling,  drinking  foun- 
tain or  structure  of  any  kind  whatsoever,  or  which  may  be  in 
course  of  erection,  or  on  the  doors,  windows,  steps,  railing, 
fencing,  balconies,  balustrades,  or  the  walls  or  sides,  or  the 
walls  of  any  enclosure  thereof,  or  to  write,  mark,  or  print  ob- 
scene or  indecent  words  or  language  thereon,  or  to  draw,  paint, 
mark  or  write  obscene  or  indecent  figures  representing  obscene 
or  indecent  objects,  or  to  write,  mark,  draw  or  paint  any  word 
or  sign  or  figure  theron,  under  a  penalt}'  of  ten  dollars  for 
each  and  every  such  offense. 

Art.  421.  It  shall  not  be  lawful  for  any  person  or  persons 
within  the  city  of  Galveston  to  idle  or  loaf  or  to  congregate 
or  assemble  at  the  entrance  or  on  the  steps  of  any  public  build- 
ing, or  on  or  about  any  structure,  monument  or  drinking 
fountain  in  the  city  of  Galveston,  and  to  engage  in  loud  or 
boisterous  talking  or  to  insult  or  make  or  write  obscene  com- 
ments or  remarks  or  observations  on  persons  passing  by  the 

188 


CITY   OF   GALVESTON.  ArT.   422-424. 

same  or  in  their  hearing,  or  to  so  crowd,  obstruct  or  incom- 
mode the  entrance  into,  around  or  out  of  any  such  public 
building-,  monument  or  drinking  fountain  or  structure  in  said 
city,  as  to  prevent  the  free  and  uninterrupted  passage  to  the 
same,  under  a  penalty  of  not  more  than  ten  dollars  for  each 
and  every  such  ofifense. 

Art.  422.  It  shall  not  be  lawful  for  any  person  or  persons 
within  the  city  of  Galveston  to  throw  any  brick,  oyster  shell, 
stone  or  other  missile,  of  any  kind  whatsoever,  on,  at  or  against 
any  public  building,  monument,  drinking  fountain,  or  other 
like  structure,  in  any  street,  avenue,  alley,  road  or  highway  or 
open  space  or  public  scpiare  or  inclosure,  under  a  penalty  of 
not  more  than  five  dollars  for  every  such  offense. 

Art.  423.  It  shall  not  be  lawful  for  any  person  or  persons 
to  destroy,  break,  cut,  disfigure  or  deface  or  otherwise  injure 
any  building  material  or  materials  intended  for  the  improve- 
ment of  any  street,  avenue,  alley,  foot  pavement,  roads,  high- 
ways or  enclosure,  whether  public  or  private  property,  or  for 
the  erection  of  any  public  building,  monument,  or  drinking 
fountain,  or  remove  the  same,  except  in  pursuance  of  law,  or 
or  by  consent  of  the  owners,  from  the  place  where  the  same 
may  be  located  for  purposes  of  building  or  improvement,  as 
aforesaid,  or  to  remove,  cut,  destroy,  injure  any  scaffolding, 
ladder  or  other  thing  used  in  or  about  said  building  or  im- 
provement, under  a  penalty  of  not  more  than  ten  dollars  for 
each  and  everv  such  ofifense. 


TITLE  X. 


CHAPTER  ONE. 

DUTIES    .'^ND    REGULATIONS. 

Art.  424.  All  street  and  steam  railway  companies  operat- 
ing their  roads  in  the  city  of  Galveston,  are  recpiired  to  place 
on  file  in  the  office  of  the  secretary,  a  map  or  plan,  on  a  scale 

189 


Art.  425-428.      revised  ordinances  of  the 

of  not  less  than  six  hundred  feet  to  the  inch,  of  all  existing- 
lines  of  railway,  whether  double  or  single,  operated  by  them, 
having  correctly  delineated  thereon  all  tracks,  switches,  curves, 
bridges,  trestle  work,  turnouts  and  turning  tables. 

Art.  425.  No  changes  shall  be  made  in  the  tracks, 
switches,  curves,  culverts,  trestle  work,  turnouts  and  turning 
tables,  as  set  down  on  said  maps  and  plans,  without  the  con- 
sent of  the  city  engineer,  whose  duty  it  shall  be  to  note  the 
same  upon  said  maps  and  plans. 

Art.  426.  That,  in  the  construction  of  any  new  line  of 
railway,  grades  shall  first  be  given  by  the  city  engineer,  the 
cost  of  which  shall  be  paid  by  the  company,  and  the  work 
staked  oft  to  the  required  height  of  the  tracks  to  be  built ;  but 
this  is  not  to  be  considered  as  the  established  grade  proper  atid 
is  only  for  the  purpose  of  making  the  grades  uniform,  it  being 
considered  impracticable  to  conform  to  every  undulation  of 
the  streets  as  they  now  are,  and  as  the  city  does  not  contem- 
plate, at  this  time,  raising  all  the  streets  to  the  established 
grade. 

Art.  427.  That  whenever  the  tracks,  to  conform  to  the 
grades  given,  shall  be  above  the  level  of  the  street,  the  railway 
company  occupying  same  shall,  at  their  own  expense,  be 
required  to  raise  the  street,  between  the  tracks,  by  511ing  with 
sand  or  some  good  filling  material,  to  be  approved  by  the  city 
engineer,  the  same  to  be  the  required  height  and  on  a  level 
with  the  top  of  the  rails,  entirely  covering  all  cross  ties  and 
timbers,  which  timbers  shall  in  no  case  extend  more  than  one 
foot  beyond  the  rails  on  either  side  of  the  track. 

xA.RT.  428.  That  all  tracks  constructed  on  the  streets  of 
the  city,  over  which  rights  of  way  have  been  granted,  or 
which  may  hereafter  be  granted,  except  those  that  may  be 
built  on  water  lots  north  of  Avenue  B,  shall  be  at  once  put 
in  good  order,  and  that  the  space  from  the  center  line  of 
the  street,  which  is  also  to  be  considered  as  the  center  line 
of  the  track  or  tracks,  including  all  switches  and  turnouts, 
shall  be  filled  their  entire  length  with  plank  or  some  good, 
hard  ballasting  material,  by  first  filling  with  sand  and  then  cov- 
ering with  either  gravel,  rock,  shell  or  cinders,  to  a  depth 
of  not  less  than  four  inches,  and  to  a  height  level  with  the 

190 


CITY  OF  galve:ston.  Art.  429-433. 

top  of  the  rails,  which  filling  shall  always  be  maintained  in 
good  order  and  condition. 

Art.  429.  That  at  all  curves,  and  at  all  street  intersections 
or  crossings,  said  companies  shall  maintain  and  keep  their 
roadbed  and  tracks,  and  the  approaches  thereto,  for  the  full 
width  of  the  street,  in  good,  safe  and  passable  condition 
for  vehicles,  by  filling  between  the  rails  or  tracks,  and  the 
approaches  thereto,  either  with  approved  ballasting  material, 
plank  or  pavement. 

Art.  430.  That,  whenever  any  tracks  are  laid  upon  trestle 
or  pile  foundations  along  the  streets  of  the  city,  the  space 
between  said  tracks,  for  the  entire  width,  shall  be  filled  in 
in  the  same  manner  as  heretofore  provided,  or  the  whole 
distance  between  the  rails  and  tracks  shall  be  entirely  planked 
over  with  2x12  plank,  securely  spiked  down  and  made  safe 
for  traffic  over  them,  and  the  sides  sloped  off  for  a  distance 
of  six   (6)   feet  by  filling  or  planking  as  aforesaid. 

Art.  431.  Every  railway  company  whose  railway  is,  or 
shall  be  hereafter,  intersected  by  any  new  railway,  shall 
unite  with  the  railway  company  owning  such  new  railway  in 
forming  intersections  and  connections,  and  grant  to  such 
such  new  railway  facilities  therefor. 

'  Art.  432.  That  the  digging  of  sand  from  the  sides  of  the 
constructed  tracks,  or  any  henceforth  to  be  constructed,  either 
for  filling  purposes  between  the  tracks,  far  surfacing  up  of 
same,  or  for  the  removal  of  sand  dumped  along  the  tracks 
for  sale  to  private  parties  or  corporations,  is  hereby  prohibited. 

Art.  433.  That  whenever  the  board  shall  have  any  street 
improvement  made,  by  filling,  grading  and  paving,  or  by 
filling  only,  over  which  any  right  of  way  is  now  or  may 
hereafter  be  granted  to  any  railway  company,  the  city  engi- 
neer shall  make  an  estimate,  in  writing,  of  the  actual  cost 
of  said  improvement,  for  the  full  space  occupied  by  the 
tracks  of  said  company,  including  the  space  between  all 
double  tracks  and  switches,  and  place  the  same  in  the  hands 
of  the  city  collector,  whose  duty  it  shall  be  to  collect  the  same 
from  said  railway  company,  and  place  it  in  the  city  treasury 
for  the  use  of  the  street  and  alley  fund.  And  no  railway 
company  shall  be  permitted  to  lay  down  its  tracks  upon,  oc- 

191 


Art.  434-437.      revised  ordinances  of  the 

cupy  or  run  its  cars  over  any  street  so  improved,  until  it  shall 
have  paid  to  the  city  collector  said  actual  cost  as  aforesaid. 
In  case  any  railway  company  shall  fail  to  pay  said  actual 
cost  on  demand,  the  city  may  sue  for  and  recover  the  same 
before  any  court  of  competent  jurisdiction. 

Art.  434.  It  shall  be  the  duty  of  all  the  railway  com- 
panies, operating-  railways  over  the  streets  of  the  city  that 
have  been  paved,  to  keep  in  good  repair  all  pavements  be- 
tween their  tracks,  including-  the  space  between  all  double 
tracks  and  switches;  and  in  case  any  railway  company  shall 
fail  or  refuse  to  make  any  repairs  required  by  this  article 
within  ten  days  after  being  notified  to  make  the  same  by 
the  city  engineer,  then  said  repairs  may  be  done  by  the  city, 
and  the  actual  cost  of  the  same  collected  in  accordance  with 
the  provisions  of  the  preceding  article. 

Art.  435.  It  shall  be  the  duty  of  the  city  engineer  to  keep 
a  close  supervision  over  all  railways  in  the  city,  and  promptly 
report  all  violations  of  the  provisions  of  this  ordinance  to 
the  board,  whose  duty  it  shall  be  to  give  such  instructions 
to  the  city  engineer,  and  take  such  action  thereon,  as  the 
exigencies  of  the  case  or  the  proper  execution  of  the  provisions 
of  this  ordinance  may  require. 

Art.  436.  Whenever  the  city  engineer  shall  perform  any 
services  or  incur  any  expense  in  the  performance  of  any  duty 
under  the  provisions  of  this  ordinance,  which  are  made  a 
charge  against  any  railway  company,  it  shall  be  his  duty  to 
make  out  an  account  of  the  same,  retaining  a  cop}'  thereof 
in  his  office  as  a  record,  and  place  the  same  in  the  hands  of 
the  city  collector  for  collection,  and  said  city  collector  shall 
collect  the  same  and  pay  it  into  the  city  treasury,  for  the  use  of 
the  street  and  alley  fund;  provided,  that  in  no  case  shall  said 
charges  against  said  companies  for  such  services  be  greater 
than  at  the  rate  of  twenty  dollars  per  day  for  the  services 
of  the  city  engineer,  and  the  actual  cost  of  labor  employed 
in  the  performance  of  the  same. 

Art.  437.  That  any  president,  manager,  superintendent, 
agent  or  employe  of  any  railway  company  operating  a  railway 
in  the  city,  who  shall  violate  any  of  the  provisions  of  this  ordi- 
nance, or  who  shall  fail  or  refuse  to  perform  any  act  or  duty  re- 

192 


CITY   OF   GALVESTON.  AllT.  438-440. 

quired  of  said  railway  under  the  provisions  of  this  ordi- 
nance, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  a  sum  of  not  less  than  tw^enty- 
five  dollars  nor  more  than  two  hundred  dollars,  and  every 
day  that  said  violation  shall  continue  or  said  railway  shall 
fail  or  refuse  to  perform  any  act  or  duty  required  by  this 
act,  shall  constitute  a  separate  ofifense,  and  shall  be  punished 
in  a  like  manner. 

Art.  438.  That  each  and  every  railway  company  to  which 
shall  hereafter  be  granted  by  the  board  any  additional  right 
of  way,  concession  or  other  right  to  change  or  alter  an}^  of 
its  tracks,  shall  file  with  the  city  clerk  a  written  acceptance 
of  the  provisions  of  this  ordinance,  and  no  such  grant  or  con- 
cession shall  take  effect  until  such  acceptance  is  filed  in 
accordance  with  this  article. 

Art.  439.  That  no  street  railway  company  operating  a 
street  railway  in  this  city  shall  charge  or  receive  from  any 
passenger  more  than  five  cents  for  one  continuous  carriage 
in  the  same  direction,  and  all  children  over  three  years  of 
age  and  under  twelve  years  of  age  shall  be  transported  in 
all  street  railways  in  the  city  of  Galveston  for  one-half  the 
fare  charged  adult  passengers  for  one  continuous  carriage 
in  the  same  direction ;  and  street  railways  in  this  city  are 
authorized  to  issue  ten  tickets  for  twenty-five  cents,  to  be 
used  exclusively  in  the  payment  of  fares  of  children  under 
the  age  of  twelve  years  and  over  three  years  of  age ;  and  any 
conductor,  driver  or  agent  of  any  street  railway  in  the  city 
of  Galveston,  who  shall  require  the  payment  of  more  than 
one-half  the  fare  charged  for  the  transportation  of  adult 
passengers  for  the  transportation  of  any  child  between  three 
and  twelve  years  of  age  for  one  continuous  carriage  in  the 
same  direction,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  fined  twenty-five  dollars  for  every  such  violation 
of  this  ordinance. 

Art.  440.  That  for  the  better  protection  of  life  and  prop- 
erty within  the  city  of  Galveston,  it  is  hereby  made  the  duty 
of  all  corporations  or  persons  operating  street  railways  by 
electricity  within  the  corporate  limits  of  the  city,  to  place 
safe,  proper  and  well  insulated  guard-wires  above  the  trolley- 

193 


Art.  441-445.      revised  ordinances  of  the 

wires  of  said  railways  wherever  said  trolley-wires  run  under 
or  parallel  with  any  wires  used  for  other  purposes.  Such 
guard-wires  to  be  erected  and  placed  under  the  supervision 
of  the  chief  engineer  of  the  fire  department,  and  shall  be 
subject  to  his  approval. 

Art.  441.  That  should  the  management  of  any  such  street 
railway  company  fail  to  comply  with  the  terms  and  require- 
ments of  this  ordinance  within  twenty  days  from  its  passage, 
then  the  president  and  each  member  of  the  directory  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof  before  the  recorder's  court  of  the  city  of  Galveston, 
shall  be  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars,  and  each  day  they  fail  to  comply  with  the  provisions 
of  this  ordinance  shall  constitute  a  separate  ofit'ense. 

Art.  443.  That  it  shall  be  the  duty  of  the  chief  engineer 
of  the  fire  department  to  see  that  the  provisions  of  articles 
439,  440  and  441  are  enforced,  and  to  make  complaints  in  the 
recorder's  count  for  violation  of  them. 

Art.  443.  That  all  railway  companies  operating  their  roads 
in  the  city  of  Galveston  are  hereby  required  to  erect  and 
place  abutments,  or  bumpers,  at  the  end  of  all  tracks  ending 
or  terminating  on  the  line  of  any  street  in  the  city  of  Gal- 
veston. 

Art.  444.  That  any  president,  manager,  superintendent, 
agent,  or  employe  operating  a  railway  in  the  city,  violating 
the  provisions  of  this  ordinance  shall  be  fined  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars,  and  every  day 
that  said  violation  shall  continue,  or  said  railway  shall  fail 
or  refuse  to  perform  said  duty  or  act,  shall  constitute  a  separ- 
ate offense. 

Art.  445.  That  it  shall  be  unlawful  for  any  railroad  com- 
pany or  their  agents  or  employes  to  permit  any  loaded  or 
empty  freight  car  or  cars  to  remain  standing  on  any  track 
laid  on  any  street  of  the  city  of  Galveston,  except  for  the 
purpose  of  temporary  switching  or  working,  and  in  no  case 
shall  they  be  left  on  any  tracks  in  such  a  position  as  to  inter- 
fere with  the  business  of  any  enterprise  located  on  the  line 
of  any  such  street. 


194 


CITY  or   GALVESTON.  Aet.  446-451. 

^Art.  44(i.  Any  agent  or  employe  of  any  railroad  company 
who  shall,  while  switching  or  running  cars  through  any  of 
the  streets  of  the  city  of  Galveston,  violate  any  of  the  pro- 
visions of  this  ordinance  shall  be  fined  in  the  sum  of  not  less 
than  ten  dollars  or  more  than  fifty  dollars  for  each  oflfense 
upon  conviction  thereof  before  the  recorder's  court  of  the  city 
of  Galveston. 

Art.  447.  It  shall  be  the  duty  of  the  chief  of  police  to 
see  that  the  provisions  of  this  ordinance  are  strictly  en- 
forced. 

CHAPTER  TWO. 

RULES    AND    REGULATIONS. 

Art.  448.  It  shall  be  unlawful  for  any  person  in  this  city 
to  jump  on  or  ofif,  or  to  cling  to  or  hang  on  any  railway 
engine  or  car  while  the  same  is  in  motion,  such  person  not 
being  a  paying  passenger,  an  employe  or  an  official  of  the 
railway  company ;  and  any  person  violating  any  of  the  pro- 
visions of  this  article  shall,  on  conviction  before  the  re- 
corder, be  fined  not  less  than  one  dollar  nor  more  than  ten 
dollars. 

Art,  449.  Children  of  age  or  discretion,  in  the  judgment 
of  the  recorder,  to  be  proper  subjects  for  correction,  are 
expressly  declared  to  be  within  the  purview  of  this  article, 
and  the  parents  and  lawful  guardians  of  the  child  so  offend- 
ing shall  be  subject  to  the  fine  inflicted  on  said  child,  and 
to  the  costs  of  proceeding,  and  execution  shall  issue  against 
the  parent  or  guardian  therefor. 

Art.  450.  It  shall  be  unlawful  for  any  engineer  or  other 
person  in  charge  of  a  locomotive,  car  or  train  of  cars  to 
run  the  same  within  the  corporate  limits  of  the  city  at  a 
greater  rate  of  speed  than  seven  miles  an  hour;  and  any 
person  so  ofTending  shall,  upon  conviction  before  the  re- 
corder, be  fined  in  any  sum  not  less  than  ten  dollars  nor 
more  than  fifty  dollars. 

Art.  451.  It  shall  be  the  duty  of  each  railway  company 
whose  engines  or  cars  are  propelled  by  steam  either  to  keep, 
by  day  and  by  night,  at  such  intersections  of  streets  or  other 
public    crossings    within    the    corporate    limits    of    the    city 

195 


Art.  452-454.      revised  ordinances  of  the 

traversed  by  its  railway  as  shall  be  designated  by  the  street 
committee,  one  or  more  flagmen,  whose  duty  it  shall  'be  to 
warn  persons  of  the  approach  of  trains  and  to  see  that  such 
crossings  are  kept  clear  of  standing  trains,  locomotives  and 
other  like  obstructions,  or  to  cause  its  trains  and  locomotives 
to  come  to  a  perfect  standstill  at  each  street  intersection ; 
and  if  any  conductor,  engineer  or  other  person  in  charge  of 
any  locomotive,  car  or  train  of  cars  shall  leave  tFe  same 
standing  upon  any  crossing  for  a  longer  time  than  five  minutes, 
such  person  shall  be  deemed  guilty  of  an  offense,  and  shall 
be  fined  by  the  recorder  in  any  sum  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

Art.  452.  If  any  railway  company  whose  cars  are  pro- 
pelled by  steam  shall  fail,  refuse  or  neglect  to  place  and  to 
maintain  flagmen  at  crossings  as  provided  in  article  451  of 
this  chapter,  the  chief  resident  officer  of  said  railway  com- 
pany shall  be  deemed  guilty  of  an  ofifense  and  shall  be  fined 
by  the  recorder  in  any  sum  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars. 

Art.  453.  It  shall  be  the  duty  of  every  engineer  or  other 
person  in  charge  of  a  locomotive  or  engine,  to  cause  the 
engine  bell  to  be  rung  continuously,  and  the  whistle  to  be 
so.unded  at  every  street  crossing  whilst  the  engine  or  cars 
are  in  motion  within  the  corporate  limits ;  and  any  person 
who  shall  violate  any  of  the  provisions  of  this  article,  shall 
be  deemed  guilty  of  an  ofifense,  and  shall  be  fined  by  the 
recorder  in  any  sum  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

Art,  454.  It  shall  be  the  duty  of  every  driver  or  other 
person  in  charge  of  any  street  railway  car,  on  approaching 
the  intersection  of  any  two  streets  within  the  corporate 
limits  traversed  by  a  railway,  the  cars  upon  which  are  oper- 
ated or  propelled  by  steam,  and  when  within  not  less  than 
twenty  feet  of  such  railway,  to  bring  his  car  to  a  full  stop 
before  attempting  to  cross  the  same ;  and  every  person  who 
shall  fail  or  neglect  so  to  do,  shall  be  deemed  guilty  of  an 
ofifense,  and  shall  be  fined  by  the  recorder  in  any  sum  not 
less  than  two  dollars  nor  more  than  twentv-five  dollars. 


196 


CITY   OF    GALVESTON.  AeT.  455-457. 

,  Art.  455.  It  shall  be  unlawful  for  any  driver  or  other 
person  in  charge  of  a  street  railway  car  to  attempt  to  pass 
with  his  car  any  other  street  railway  car  on  the  same  street 
and  on  parallel  lines,  whilst  the  latter  car  is  at  a  street  cross- 
ing and  in  the  act  of  receiving  or  discharging  passengers,  but 
it  shall  be  the  duty  of  him  having  charge  of  the  moving  car, 
when  approaching  another  so  engaged  in  receiving  or  dis- 
charging passengers,  to  halt  his  own  car  until  such  other 
car  shall  have  again  been  put  in  motion ;  and  any  person 
violating  any  of  the  provisions  of  this  article  shall,  on  con- 
viction before  the  recorder,  be  fined  in  any  sum  not  less  than 
one  dollar  nor  more  than  twenty  dollars. 

Art.  456.  That  from  and  after  March  1st,  1886,  all  grants 
to  railroad  companies  and  other  corporations  or  persons,  for 
use  of  certain  streets  not  built  upon  or  used  by  said  com- 
panies, corporations  or  persons,  be  revoked  and  revert  to  the 
city,  excepting  those  that  have  had  the  time  extended ;  and 
if  at  the  expiration  of  such  extension  of  time  the  streets 
shall  not  be  built  upon,  and  in  actual  use,  the  grants  to 
them  shall  also  be  revoked. 

CHAPTER  THREE. 

STREET    RAILWAYS. 

Art.  457.  That  it  shall  be  unlawful  for  any  person  to 
operate  a  street  car  within  the  limits  of  the  city  of  Gal- 
veston unless  such  car  shall  be  provided  with  life  guards 
or  fenders  on  the  front  end  of  such  car,  and  for  each  viola- 
tion hereof,  the  offender  shall  be  fined  the  sum  of  ten  dollars. 


197 


Art.  458-460.      kevised  ordinances  or  the 

TITLE  XI. 


CHAPTER  ONE. 

ENGINEER. 

Art.  458.  It  shall  be  the  first  duty  of  the  city  engineer 
to  ascertain  the  established  monuments  of  the  city  survey, 
and  from  them  to  extend  the  surveys  of  the  city,  and  estab- 
lish others,  as  provided  herein,  and  from  them  to  locate,  es- 
tablish and  survey  all  private  property,  streets  and  alleys 
within  the  corporate  limits  of  Galveston,  when  called  on  or 
required  so  to  do. 

Art.  459.  The  original  plan  and  surve3%  known  and  desig- 
nated as  the  "Groesbeck  survey,"  so  far  as  marked  by  actual 
measurements,  and  so  far  as  revived,  re-established  and  de- 
termined by  the  surveys  of  Tipton  Walker,  civil  engineer, 
under  and  by  resolution  and  order  of  the  board  of  commission- 
ers of  Galveston,  shall  be  and  is  hereby  afifirmed  and  estab- 
lished as  the  true  city  survey  of  the  city  of  Galveston.  The 
theory  of  survey  and  plot,  as  marked  on  Sandusky's  map,  as  to 
the  dimensions  of  blocks  and  lots,  and  width  of  streets  and 
alleys,  is  also  confirmed  in  each  and  every  particular,  with  the 
exception  that  the  street  known  and  designated  as  Avenue  B, 
or  Strand  street,  is  eighty  feet  in  width,  instead  of  seventy 
feet  as  marked  thereon. 

Art.  460.  It  shall  be  the  duty  of  the  city  engineer  to  pro- 
cure for  his  office  and  use,  as  property  of  the  city,  and  at  the 
expense  thereof,  two  suitable  record  books,  one  to  be  used 
for  the  record  and  illustration,  by  suitable  drawings,  of  all 
city  work  done  by  him,  pertaining  to  grades,  streets,  alleys, 
sidewalks,  sewers,  drains,  ditches,  public  squares,  parks, 
waterworks,  or  any  other  public  work;  the  other  for  record- 
ing all  private  surveys.  It  shall  be  his  duty  to  superintend 
the  construction  of  five  or  more  measuring  rods,  of  twenty 

198 


CITY   OF   GALVESTON.  AllT.  461-462. 

feet  in  length,  of  snitable  wood,  to  have  metal  ferrules  at 
each  end,  and  he  shall  graduate  them  according  to  the  stand- 
ard measurement  of  the  Groesbeck  survey.  He  shall  have 
full  control  and  custody  of,  and  be  responsible  for,  all  the 
engineering  instruments,  drawings,  rulers,  measuring  rods, 
chains,  record  books,  maps,  plans,  tables,  office  furniture,  and 
all  other  property  in  any  manner  appertaining  to  the  office 
of  city  engineer,  and  shall  receipt  for  them  b}"  inventory, 
and  return  them  to  the  board,  or  to  his  successor,  on  leav- 
ing his  office.  Suitable  rooms  shall  be  furnished  for  his 
official  use  at  the  cost  of  the  city.  It  shall  not  be  lawful  for 
the  city  engineer  to  be  absent  from  the  city  for  a  longer 
period  than  one  week  during  any  given  time,  without  special 
leave  of  absence  from  the  board. 

Art.  461.  That  whenever  called  on  by  any  owner,  agent 
or  lessee  of  any  propertv  within  the  corporate  limits  of  said 
city,  to  survey  lines  or  boundaries,  said  city  engineer  shall, 
as  soon  as  practicable,  proceed  to  make  the  required  survey 
thereof,  measuring  from  the  nearest  established  monument 
or  initial  points.  Said  engineer  shall  also  establish  such  other 
monuments  or  initial  points  at  the  intersection  of  such  streets 
as  may  be  deemed  necessary  by  the  board  to  remain  as  per- 
manent monuments  for  future  reference  and  guidance. 
Said  monuments  or  initial  points  so  established  shall  not  be 
altered  or  disturbed  by  any  person  or  persons  under  a  penalty 
of  not  less  than  fifty  dollars,  to  be  recovered  before  any  court 
of  competent  authority. 

Art.  462.  The  city  engineer  is  authorized  to  charge  not 
exceeding  two  cents  per  running  foot  for  measuring  any 
block,  lot  or  parcel  of  ground,  counting  from  the  nearest 
monument  or  initial  point;  provided,  that  in  no  case  shall 
the  charge  for  surveying  any  one  lot  exceed  the  sum  of  twenty- 
five  dollars;  and  provided,  also  the  city  shall  incur  no  expense 
for  skilled  assistance  or  incidental  expenses  connected  there- 
with in  making  such  surveys,  but  that  the  same  shall  be 
defrayed  by  the  engineer  out  of  the  amounts  received  by  him 
for  such  surveys ;  and  an  accurate  account  of  such  surveys  and 
expenditures  made  by  him  shall  be  kept  in  his  office. 

15-  199 


Art.  463-467.      revised  ordinances  of  the 

Art.  4G3.  That  the  city  engineer  shall  run  a  sufficient  set 
of  levels,  at  least  on  alternate  streets  through  the  city,  and 
project  said  levels  on  proper  level  paper,  of  uniform  scale, 
with  a  view  to  the  establishment  of  the  proper  grades  and 
drainage  of  the  city. 

Art.  464.  That  in  giving  the  grade  of  a  lot  or  block  for 
any  purpose,  the  engineer  shall  mark  the  grades  on  or  near 
the  corner  post  or  stake  in  such  manner  that  the  reference 
may  be  had  easily  without  their  displacement.  In  running 
the  lines  of  level,  as  above,  the  engineer  shall  establish  bench 
marks  at  all  intersections,  checking  upon  the  same  until  they 
agree ;  he  will  also  establish  two  or  more  permanent  bench 
marks  at  mean  high  tide,  for  reference  of  his  datum  line  for 
all  levels.  All  bench  marks  shall  be  registered  in  the  proper 
record  book  and  numbered  with  the  number  of  the  block  on 
wdiich  it  is  made. 

Art.  465.  It  shall  be  the  duty  of  the  city  engineer  to  at- 
tend the  meetings  of  the  board,  and  he  shall  report  from 
time  to  time  the  condition  and  progress  of  all  public  works 
under  his  supervision  and  control  needing  special  attention, 
and  also  make  suitable  reports  to  the  board  when 
specially  directed  or  required  by  the  president  or  board  of 
commissioners. 

Art.  466.  That  in  addition  to  the  duties  of  the  city  engi- 
neer as  heretofore  prescribed  by  charter  and  ordinances,  he 
shall  have  and  exercise  general  supervision  and  superintend- 
ence over  all  work  undertaken  by  the  board  upon  the  streets, 
alleys  and  public  squares  of  the  city;  give  instructions  as  to 
plan  of  grading  or  otherwise  improving  the  same  and  of  con- 
structing sidewalks  so  as  to  preserve  proper  proportion  and 
uniformity  in  the  height  and  width  thereof;  and  also  of  con- 
structing culverts,  bridges,  drains,  ditches  and  other  improve- 
ments projected  by  the  board.  And  he  shall  see  that  all 
parties  contracting  with  the  city  to  do  any  work  as  afore- 
said faithfully  perform  their  contract ;  and,  in  the  event  of 
their  failure  so  to  do,  he  shall  report  the  same  to  the  board. 

Art.  467.  That  he  shall  have  and  exercise  general  super- 
vision over  the  construction  of  all  railways  which  may  at 
any  time  be   constructed  to   run   through   the   streets  of  the 

200 


CITY   OF   GALVESTON.  ART.  468-470. 

city,  and  require  them  to  conform  to  the  established  grade, 
so  as  not  to  impede  the  passage  of  drays,  carriages  and  other 
vehicles  through  said  streets ;  and  to  report  to  the  board  any 
.violation  of  contract  or  ordinance  by  parties  constructing 
such  railways. 

Art.  468.  It  shall  be  the  duty  of  the  civil  engineer  to  em- 
ploy all  laborers  and  workmen  upon  the  streets  and  alleys 
and  upon  other  work  that  may  be  under  his  superintendence 
to  the  number  prescribed  by  the  board  under  its  directions, 
and  for  the  compensation  fixed  by  the  board ;  keep  a  correct 
account  of  the  time  of  service  of  said  laborers  and  workmen, 
and  the  nature  of  the  service  performed  by  them,  and  make 
and  return  a  pay-roll  thereof  at  the  end  of  each  and  every 
month ;  to  receive  and  receipt  for,  in  the  name  of  the  city, 
all  shell,  sand,  stone,  lumber,  tools,  supplies  and  other  ma- 
terial purchased  or  used  in  the  street  and  alley  department, 
correctly  measure  and  inspect  the  same,  designate  at  what 
point  or  points  the  same  shall  be  delivered  within  the  city, 
and  make  and  return  a  true  and  correct  report  of  the  same 
at  the  end  of  each  and  every  month. 

Art.  469.  That  said  city  engineer  shall  in  no  case,  either 
directly  or  indirectly,  have  any  pecuniary  interest  in  any 
contract  as  aforesaid ;  nor  in  any  materials,  supplies  or  labor 
used  in  the  performance  thereof,  or  in  the  execution  of  any 
work  undertaken  by  the  board  as  aforesaid,  upon  pain  of  re- 
moval from  office. 

CHAPTER  TWO. 

GENERAL    PROVISIONS. 

Art.  470.  All  streets,  avenues  and  alleys  and  sidewalks  in 
the  city  of  Galveston,  running  in  a  south  and  north  direction, 
and  lying  between  Fourth  and  Forty-first  streets,  as  laid  down 
and  designated  on  the  map  of  said  city,  are  hereby  extended 
and  open  to  the  channel  of  Galveston  bay,  which  runs  along 
the  northern  front  of  said  city;  and  each  of  said  streets,  ave- 
nues, alleys  and  sidewalks  is  hereby  made  and  declared  to  be 
an  open  and  public  highway  throughout  its  extent  to  said 
channel,   running   in   the   same   line   of   direction,   and   of  the 

201 


Art.  471-472.      revised  ordinances  of  the 

same   width,    including   the    sidewalks,    as    said    streets,    ave- 
nues and  alleys,  and  said  sidewalks  now  are. 

Art.  471.  It  shall  not  be  lawful  for  any  person  or  persons, 
corporation  or  association  of  persons,  under  any  pretext  what- 
soever, unless  the  right  so  to  do  shall  have  been  first  granted 
to  such  person  or  persons,  corporation  or  association,  by  the 
board  of  said  city,  to  encumber  any  or  either  of  the  public 
squares,  public  grounds,  bay  or  gulf  shore,  streets,  avenues, 
alleys  or  sidewalks  of  said  city,  by  building,  constructing  or 
erecting,  or  causing  to  be  built,  constructed  or  erected,  therein, 
or  thereon,  any  fence,  building,  wharf,  teehead,  structure  or 
obstruction  of  whatsoever  kind ;  or  to  make,  dig  or  construct, 
or  cause  to  be  made,  dug  or  constructed,  any  trench,  ditch 
or  excavation  of  any  kind  whatsoever,  in,  along  or  across 
any  street,  avenue,  alley  or  sidewalk  of  said  city ;  or  to  lay 
or  construct,  or  cause  to  be  laid  or  constructed,  any  gutter, 
drain,  sewer,  main  or  pipe,  of  whatsoever  kind,  in,  under, 
along  or  across  any  street,  avenue,  alley  or  sidewalk  of  said 
city.  And  any  person  or  persons,  corporation  or  association 
offending  against  any  or  either  of  the  provisions  of  this  ordi- 
nance, and  any  and  all  persons  who  shall  aid  or  assist  in  so 
offending,  shall  upon  conviction  thereof  before  the  president 
or  recorder  of  said  city,  be  fined  in  a  sum  not  less  than  two 
dollars  nor  more  than  one  hundred  dollars,  and  shall  also  be 
liable  to  imprisonment  not  exceeding  fifteen  days ;  and  any 
person  or  persons,  corporation  or  association  so  offending 
as  aforesaid  shall  also  be  liable  to  a  further  penalty  of  not 
less  than  one  dollar  nor  more  than  twenty-five  dollars  for  each 
and  every  day  that  any  such  fence,  building,  structure,  wharf, 
teehead,  ditch,  excavation,  gutter,  pipe,  sewer,  or  other  ob- 
struction, shall  remain  or  continue  in  any  or  either  of  the 
places  herein  named,  after  notice  to  remove  or  abate  the 
same. 

Art.  472.  It  shall  not  be  lawful  for  any  person  or  per- 
sons, company  or  association,  under  any  pretext  whatso- 
ever, to  occupy,  or  maintain,  or  inhabit  any  such  building 
or  obstruction  as  mentioned  in  article  471  whether  the  same 
be  heretofore  or  hereafter  built,  constructed  or  put  up  by 
the  party,  or  by  any  other  person  or  persons,  or  whether  the 

202 


CITY   OF   GALVESTON.  ART.  473-475. 

party  so  occupying  the  same  may  or  may  not  have  purchased 
the  same  from  another  person,  and  any  or  all  persons  who 
shall  so  occupy,  maintain  or  inhabit  said  obstructions  on  the 
streets,  avenues,  alleys  or  sidev^^alks  of  said  city  shall  be  fined 
and  punished  as  provided  in  article  471. 

Art.  473.  It  shall  l)e  the  duty  of  the  president  to  cause  all 
obstructions  to  be  removed  which  are  now  or  may  hereafter 
be  erected  or  placed  in  any  or  either  of  the  public  squares, 
public  grounds,  gulf  or  bay  shores,  streets,  avenues,  alleys 
or  sidewalks  of  said  city,  without  the  authority  from  the 
corporate  authorities  of  the  same ;  and,  should  the  president 
deem  it  necessary,  he  shall  order  the  chief  of  police,  or  other 
ciualificd  officer,  to  proceed  with  a  sufficient  force  to  remove 
said  obstructions  ;  and  such  chief  of  police,  or  other  qualified 
officer,  as  aforesaid,  is  hereby  fully  authorized  and  empowered 
to  summon  such  force  as  he  may  deem  necessary  to  enforce 
the  provisions  of  this  ordinance,  and  remove  and  abolish  said 
obstructions. 

Art.  474.  It  shall  not  be  lawful  for  any  person  to  erect 
any  building  or  fence  on  the  public  squares,  public  grounds, 
gulf  or  bay  shores,  sidewalks  or  on  the  alleys  or  streets  of 
said  city ;  and  any  building  or  fence  which  may  be  so  erected, 
shall  be  deemed  a  nuisance,  and  shall  be  removed  to  the 
proper  line  of  the  street;  and  a  neglect  or  refusal  to  alter  or 
remove  any  such  house,  building  or  fence,  shall  subject  the 
ofifender  or  offenders  to  a  penalty  of  ten  dollars  for  every 
day  such  nuisance  shall  continue. 

No  trees  shall  be  planted  in  the  streets,  nor  shall  any  posts 
be  placed  for  an  awning  or  other  purposes  in  the  streets, 
except  the  same  be  planted  or  placed  on  the  outside  of  the 
sidewalks,  and  on  a  line  with  the  same,  under  a  fine  of  twenty 
dollars  against  the  ofi^enders  for  each  offense  against  the 
provisions  of  this  article. 

Art.  475.  The  alleys  which  divide  the  blocks  or  lots  within 
the  city  are  not  thoroughfares  to  every  intent  and  purpose, 
and  therefore  it  shall  be  unlawful  for  any  person  to  drive 
any  cart,  wagon,  dra}'  or  other  vehicle  into  or  through  any 
of  the  said  alleys  of  the  city,  unless  it  shall  be  to  receive  or 
deli^'cr  a  load  in  such  alley,  or  to  the  stable  or  house  where 

203 


Art.  476-478,       revised  ordinances  of  the 

such  vehicle  shall  be  kept;  and  every  person  offending  against 
the  provisions  of  this  article  shall  be  subject  to  a  fine  of  not 
exceeding  ten  dollars  for  each  and  every  offense. 

Art.  47G.  That  whenever  the  health  physician,  for  sani- 
tary reasons,  shall  direct  the  filling  up  of  an  alley  within  the 
limits  of  this  city,  or  whenever  the  city  engineer  shall  deem 
the  same  necessary  for  the  purposes  of  drainage  or  of  travel, 
it  shafl  be  the  duty  of  the  engineer  to  establish  the  grade 
of  such  alley,  and  he  shall  so  regulate  the  same  that  the  water 
shall  flow  from  the  middle  of  said  alley  to  the  end  thereof 
and  into  the  gutters  in  the  adjacent  street.  And  whenever 
the  health  physician  shall  notify  the  engineer  of  the  unsani- 
tary condition  of  such  alley,  or  the  city  engineer  shall  deem 
the  filling  of  such  alley  necessary  for  the  purposes  herein 
stated,  after  having  established  the  grade  for  such  alley,  it 
shall  be  the  duty  of  the  city  engineer  to  notifv  the  property 
owners,  or  the  agents  of  the  owners,  of  lots  terminating  on 
such  alley,  to  fill  the  same  to  the  grade  established  by  him. 
Said  filling  to  be  done  by  the  owners  of  lots  terminating  on 
such  alley  to  the  middle  of  the  alley,  and  to  be  done  at  the 
expense  of  the  owners  of  the  lots  terminating  on  such  alley. 
Any  owner  of  any  lot  or  lots,  or  agent  of  any  owner  of  any 
lot  or  lots,  terminating  on  au}^  alley  which  shall  l)c  required 
to  be  filled  in  pursuance  with  the  terms  of  this  ordinance, 
who  shall  fail  or  neglect  or  refuse  to  cause  the  same  to  be  filled 
as  required  by  the  terms  of  this  ordinance,  after  tfn  days 
from  receipt  of  notice  from  the  city  engineer,  shall  be  fined 
in  the  sum  of  ten  dollars  for  each  day  after  the  expiration 
of  said  ten  days'  notice  which  he  shall  allcnv  said  alley  to 
remain  unfilled. 

Art.  4T8.  That,  whenever  the  proprietor  or  all  the  pro- 
prietors of  the  lots  of  any  block  desired  to  close  the  alley 
in  said  block,  he  or  they  be  and  are  hereby  permitted  to 
do  so,  on  application  to  the  president,  signed  by  all  the  parties : 
provided,  that  if,  at  any  time  thereafter,  any  of  the  pro- 
prietors of  lots  in  a  block,  whose  alley  has  been  closed,  shall 
desire  the  same  to  be  reopened,  then  it  is  reserved  for  the 
board  of  the  city  of  Galveston  to  order  the  reopening  of  the 

204 


CITY    OF    GALVESTON.  AkT.  479-480. 

same,  clue  and  sufficient  notice  having  been  first  given  to  tlie 
parties  to  be  afifected  by  it,  before  the  final  action. 

Art.  479.  It  shall  not  be  lawful  for  any  person,  in  building" 
dr  repairing  any  house,  store  or  fence,  to  la}^  or  place  bricks, 
boards  or  timber,  or  other  materials  for  building,  in  the 
streets  more  than  thirty  da3-s  before  commencing  to  build, 
in  such  manner  as  to  occupy  more  than  one-third  part  of  any 
street  or  alley ;  provided,  that  the  entire  sidewalk  adjoining 
any  lot  upon  which  a  house  is  in  course  of  erection  or  repair 
may  be  thus  occupied  during  the  time  such  house  is  actually 
in  progress  of  building  or  being  repaired,  and  such  sidewalk 
may  be  enclosed  during  such  time,  but  no  longer.  And  pro- 
vided, further,  that  any  person  having  the  use  of  any  por- 
tion of  the  street  or  sidew^alk  for  the  purpose  of  erecting  or 
repairing  any  building,  storing  material  thereon,  making  an 
excavation  or  for  any  purpose,  shall  cause  lights  to  be  placed 
in  conspicuous  places  in  front  of  and  about  such  obstruction 
or  excavation,  from  dark  until  sunrise,  each  night,  during  the 
time  such  obstructions  or  excavations  continue.  And  also 
provided,  further,  that  it  shall  not  be  lawful  for  any  person 
or  persons  using  such  portion  of  such  streets  for  the  purposes 
mentioned  above,  to  obstruct  or  close  up  the  gutters  on  said 
streets,  but  that  they  must  keep  the  same  clear  and  open, 
and  free  from  trash,  during  such  time  as  the  street  is  being- 
occupied  by  them.  Any  person  or  persons  oiTending  against 
the  prcA'isions  of  this  ordinance  shall  be  subject  to  a  fine 
of  five  dollars  for  every  day  such  ofifense  is  continued. 

Art.  480.  Xo  person  whatever,  on  any  pretense,  shall  cut 
any  ditch,  or  shall  build  or  place  any  barrier  or  way  of  earth 
and  shells,  or  of  any  other  material,  across  any  of  the  public 
streets  or  alleys  of  this  city,  so  as  to  impede  or  obstruct 
the  drainage  thereof,  unless  permission  so  to  do  be  especially 
granted  by  the  president  and  city  engineer,  who  nia}^  grant 
such  permission  only  when  it  may  appear  to  be  for  the 
benefit  of  the  section  of  the  towai  where  the  said  ditch  is  to 
be  cut,  or  the  said  barrier  or  wa}^  is  to  be  constructed ;  and 
any  person  ofifending  against  the  provisions  of  this  article 
shall  be  fined  not  exceeding  one  hundred  dollars. 


206 


AllT.  481-485.         l^EVISED   ORDINANCES  OF   THE 

Art.  ISl.  It  shall  not  be  lawful  for  any  person  or  persons 
to  encumber  any  street,  alley  or  sidewalk,  within  the  limits 
of  the  city  with  cotton,  lumber,  boxes,  crates,  firewood,  carts, 
drays,  wagons  or  other  articles;  and  any  person  or  persons 
so  ofifending  shall  incur  a  penalty  of  five  dollars  for  every 
day's  continuance  of  such  obstruction. 

Art.  4:82.  AVh.enever  any  article  may  be  found  obstruct- 
ing- or  encumbering  the  streets  or  sidewalks,  and  the  owner 
or  owners,  or  claimants,  of  such  articles  can  not  be  found, 
■it  shall  be  the  duty  of  the  chief  of  police,  under  the  direction 
of  the  president,  to  remove  the  same  to  some  safe  place  of 
deposit,  and  at  the  expiration  of  ten  days  thereafter,  if  no 
demand  be  made  for  the  same,  such  article  or  articles  shall 
be  sold  by  the  chief  of  police  at  pub!i<:  auction  for  cash, 
giving  ten  days'  public  notice  of  the  time  and  place  of  sale, 
the  proceeds  of  which,  after  deducting  all  expenses  and  costs, 
to  be  deposited  with  the  cit}-  treasurer  for  the  use  and  benefit 
of  owner  or  owners  thereof. 

Art.  483.  There  shall  be  and  is  hereby  reserved  a  space 
of  thirty  feet  in  width  in  the  center  of  the  street,  known 
upon  the  plot  or  plan  of  the  city  as  Broadway,  the  full  length 
thereof,  between  the  cross  streets,  as  far  as  the  same  now 
does,  or  shall  hereafter  extend  within  the  corporate  limits  of 
Galveston  city,  whether  the  said  limits  shall  remain  as  they 
now  are,  or  whether  the  same  shall  hereafter  be  extended, 
for  the  purpose  of  planting  shade  trees  and  ornamentaf  shrub- 
bery, and  to  be  used  only  as  a  footpath  and  as  a  place  of 
resort  for  pedestrians. 

Art.  iS-i.  It  shall  be  unlawful  for  any  person  to  encumber 
said  space  of  thirty  feet  in  the  center  of  Broadway  with  any 
manner  of  temporary  or  permanent  incumbrance,  obstruct- 
tion  or  impediment  of  any  kind  whatever;  and  it  is  hereby 
made  the  duty  of  the  president  at  once  to  remove,  or  cause 
the  same  to  be  done,  any  encumbrance,  obstruction  or  im- 
pediment that  may  at  any  time  be  placed  thereon. 

Art.  485.  Whenever  said  trees  and  shrubbery  shall  be 
planted,  in  whole  or  in  part,  in  and  on  the  said  reservation, 
or  whenever  the  said  reservation  is  graded  or  paved,  in  whole 
or  in  part,  it  shall  be  unlawful  for  any  person  or  persons  to 

206 


CITY   OF    GALVESTON.  ArT.  486-488, 

drive  or  ride  within,  upon  or  across  its  said  limits,  or  for 
any  person  or  persons  to  permit  any  animal  to  go  at  large 
or  stray  therein  or  thereupon.  Any  person  who  shall  violate 
the  provisions  of  this  article  shall  be  fined  in  any  sum  not 
exceeding  ten  dollars. 

Art.  486.  That  it  shall  be  unlawful  for  any  person  to  use 
the  underground  drains  of  the  cit}'  for  sewerage  purposes, 
or  as  a  place  of  deposit  for  refuse  matter  of  any  kind,  or  to 
construct  conduit  pipes,  boxes  or  ditches  leading  or  opening 
into  said  drains,  or  to  tap  or  in  an}-  manner  open  said  drains 
Avith  such  pipes,  boxes  or  ditches  or  otherwise,  and  any 
person  who  shall  empty,  or  cause  to  be  emptied  or  discharged 
into  said  drains  any  impure  or  unwholesome  substance,  or 
use  them  in  any  way  for  sewerage  or  other  purposes,  shall, 
upon  conviction  thereof,  be  fined  in  a  sum  of  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  ofifense. 

Art.  487.  It  shall  be  and  is  hereby  made  the  duty  of  the 
health  physician  to  at  once  notify  all  persons,  who  have  con- 
structed or  are  using  pipes  or  openings  into  said  drains, 
to  at  once  cause  the  same  to  be  cut  off,  closed  up  or  re- 
moved, failing  in  which,  after  twenty-four  hours'  notice,  the 
person  so  offending  shall  be  subject  to  a  fine,  upon  con- 
viction, of  not  less  than  five  nor  more  than  fifty  dollars  for 
each  day  thereafter  that  said  pipe  or  other  opening  into 
said  drain  remains  unclosed  or  in  such  unlawful  position ; 
and  in  addition  to  said  fine,  the  delinquent  shall  also  pay 
the  cost  of  filling  up  or  removing  said  opening  or  pipe, 
which  may  be  recovered  against  him  in  any  court  of  com« 
petent  jurisdiction.  The  city  engineer  shall  immediately  pro- 
ceed to  cut  off  from  the  drains  and  close  up  all  such  open- 
ings and  pipes,  upon  failure  of  the  persons  who  used  them 
or  placed  them  there  so  to  do,  after  being  duly  notified,  as 
hereinbefore  provided. 

Art.  488.  That  it  shall  be  unlawful  for  the  driver  of  any 
vehicle  to  obstruct  the  streets,  or  in  any  manner  interfere 
with  the  clear  right  of  way  for  the  engines,  trucks  and  carts 
of  the  fire  department  in  going  to  fires,  or  when  the  alarm 
of  fire  is  sounded ;  and  it  is  made  the  duty  of  all  drivers  of 
vehicles   to   turn    out    of   the    street    or    streets   traversed    by 

207 


Art.  489-492.      kevised  ordinances  of  the 

such  engines,  trucks  and  carts  on  their  way  to  a  fire  or  in 
response  to  an  alarm  of  fire ;  and  all  street  cars  and  other 
vehicles  arc  prohibited  from  remaining  on  the  street  cross- 
ings at  night;  and  all  persons  are  prohibited  from  obstruct- 
ing the  ends  of  streets,  fronting  on  the  levees,  with  cord 
wood  or  other  articles,  or  in  any  manner  preventing  free 
access  to  the  bay  by  the  fire  engines.  Any  person  violating 
any  of  the  provisions  of  this  article  shall  be  fined  in  any  sum 
not  exceeding  fifty  dollars. 

Art.  489.  That  it  shall  be  unlawful  to  take,  remove  or 
carry  away  from  any  lot  or  parcel  of  land  within  the  city 
any  earth,  soil  or  sand,  except  after  survey  and  under  writ- 
ten permit  and  supervision  of  the  city  engineer;  nor  so  as 
to  interfere  with  any  street  or  alley  or  other  property  or 
with  the  drainage  thereof,  nor  so  as  to  reduce  the  level  of 
such  lot  or  parcel  of  land  below^  the  level  of  the  highest  ad- 
jacent street;  provided,  however,  that  this  article  shall  not 
apply  to  any  necessary  excavations  for  foundations,  cisterns, 
cesspools  and  the  like.  Any  person  who  shall  violate  any 
provisions  of  this  article  shall  be  fined  in  any  sum  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Art.  490.  That  it  shall  be  unlawful  for  any  person  to 
take,  carry  away  or  remove  any  dirt,  sand,  soil,  earth  or 
shell  from  the  gulf  beach  between  First  and  Fiftieth  streets, 
or  from  Pelican  Island  or  Pelican  Spit  or  from  any  street, 
alley,  highway  or  public  ground  within  the  limits  of  the  city 
without  a  permit  granted  by  the  board  of  commissioners, 
or  under  its  authority.  Any  person  who  shall  violate  any  of 
the  provisions  of  this  article  shall  be  fined  in  any  sum  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars. 

Art.  491.  That  the  outer  edge  of  the  sidewalk  shall  be  on 
a  line  with  the  crown  of  the  street,  with  a  rise  of  five  inches 
to  the  line  of  the  lot,  and  the  grade  of  the  city  of  Galveston, 
within  a  line  of  fifteen  hundred  feet  from  the  gulf  or  beach 
shore,  said  line  running  parallel  therewith,  is  and  shall  be 
ten    (10)   feet,  measured  from  mean  low  tide. 

Art.  492.  That  the  beach  is  hereby  expressly  set  apart, 
designated,  declared  to  be  a  public  avenue,  and  as  such,  sub- 

208 


CITY    OF   GALVESTON.  ART.  493-495. 

ject  to  all  the  regulations  and  ordinances  of  the  city  relating 
to  streets  and  avenues,  and  the  ordinances  of  the  city  for- 
bidding obstructions  of  streets  and  avenues,  and  prescribing 
penalties  for  their  infringement,  are  hereby  declared  to  be 
applicable  to  the  beach,  and  the  proper  officers  of  the  city 
are  hereby  instructed  to  strictly  execute  the  provisions  of 
said  ordinances,  to  the  end  that  the  beach  shall  remain  clear 
and  open. 

Art.  493.  For  the  purpose  of  filling  streets,  alleys,  high- 
ways, public  grounds,  private  lots,  premises  and  property  in 
the  city,  sand  ma}^  be  taken  and  removed  from  the  gulf  beach 
between  the  lines  of  ordinary  high  and  low  tide  only,  under 
licenses  to  be  issued  by  the  board  of  commissioners  or  under 
its  authority  and  subject  to  the  following  regulations  and 
conditions : 

Art.  494.  The  sand  shall  be  hauled  away  in  drays,  carts  or 
wagons,  for  each  of  which  the  owner  thereof  shall  procure  a 
separate  license  from  the  city  secretary,  which  license  shall 
state  the  name  of  the  owner,  the  character  or  description  of  the 
vehicle  and  the  number  of  horses  or  mules  used  to  draw  the 
same, and  the  dates  from  and  to  which  such  license  to  haul  sand 
is  given,  and  shall  specify  that  no  sand  is  to  be  taken  above 
the  line  of  ordinary  high  tide  nor  outside  the  limits  otherwise 
fixed  b}"  the  city  engineer.  Before  issuance  of  such  license 
the  person  apphnng  therefor  shall  pay  the  city  secretary  a 
license  fee  according  to  the  following  schedule,  for  each  day 
such  license  is  given  : 

For  each  vehicle  drawn  by  one  horse  or  mule,  20  cents. 

For  each  vehicle  drawn  by  two  horses  or  mules,  30  cents. 

For  each  vehicle  drawn  by  more  than  two  horses  or  mules, 
40  cents. 

Art.  495.  From  time  to  time  the  city  engineer  shall  desig- 
nate and  indicate  by  proper  means  certain  limits  on  the  beach 
within  which  sand  may  be  taken  and  removed  under  such 
licenses,  having  in  view  the  accommodation  in  turn  of  the 
different  parts  of  the  city  and  the  ability  of  the  police  to 
supervise  the  work  and  prevent  evasion  of  the  law,  and 
also  the  prevention  of  too  much  excavation  at  any  one  place 
or  time.     Each  license  shall  be  kept  by  the  person  in  charge 

209 


Art.  4:96-498.      revised  ord [nances  of  the 

of  the  vehicle  to  which  it  applies,  and  to  be  shown  to  any 
and  every  police  officer  who  may  demand  to  see  it,  and 
may  and  shall  be  revoked  and  canceled  by  written  notice 
from  the  city  secretary  if  at  any  time  or  in  any  manner  the 
vehicle  to  which  it  applies  is  nsed  in  violation  of  its  provisions. 

Art.  49C.  Sand  for  filling-  streets,  alleys,  sidewalks,  public 
grounds  or  for  any  sanitary  or  other  work  done  by  the  city 
or  under  its  authority  and  direction,  may  be  taken  from  the 
gulf  beach  between  the  lines  of  ordinary  high  and  low  tides 
imder  the  direction,  control  and  supervision  of  the  city  engi- 
neer, upon  whose  requisition  the  city  secretary  shall  issue 
licenses  in  ordinary  form  without  charge  to  the  persons  in 
charge  of  the  vehicles  engaged  in  such  work. 

Art.  497.  No  person  shall  take  up  any  portion  of  the 
wooden  pavement  of  this  city  for  any  purpose  whatever  with- 
out first  having  obtained  a  permit  from  the  city  engineer, 
and  it  is  hereby  made  the  duty  of  said  engineer  to  supervise 
said  work  and  to  compel  the  replacement  of  all  such  pave- 
ment in  a  substantial  manner.  Any  person  violating  this 
article  shall  be  punished  by  a  fine  of  fifty  dollars.  The  cit}' 
engineer  shall  be  entitled  to  charge  a  reasonable  amount  as 
compensation  for  his  services  under  the  provisions  of  this 
article. 

Art.  498.  It  shall  be  unlawful  for  any  person,  firm  or  as- 
sociation of  persons  to  erect,  keep,  have,  hold  or  maintain 
over  or  across  any  sidewalk  in  the  city  of  Galveston,  a  hang- 
ing or  suspended  signboard,  sign  or  other  device,  and  each 
day  such  hanging  or  suspended  signboard,  sign  or  other 
device  is  so  erected,  kept,  had,  held  or  maintained,  shall  con- 
stitute a  separate  offense ;  provided,  however,  that  in  all  in- 
stances where  there  are  signboards,  signs  or  other  devices 
now  hanging  or  suspended  over  or  across  any  of  the  side- 
walks in  said  city,  the  owner  thereof  shall  have  ninety  days 
from  and  after  the  passage  of  this  ordinance  within  which 
to  remove  the  same.  For  a  violation  of  any  of  the  provisions 
of  this  article  the  person  so  offending  shall,  on  conviction 
before  the  recorder,  be  fined  not  less  than  five  dollars  nor 
more  than  fiftv  dollars. 


210 


CITY   OF   GALVESTON.  ArT.  499-508. 

Art.  490.  Tliat  it  shall  be  unlawful  for  any  person  to  cut, 
break,  bruise,  mutilate  or  injure  an}^  tree,  shrub  or  flower 
growing  or  planted  on  any  esplanade,  street  or  sidewalk  in 
the  city.  Any  person  who  shall  violate  the  provisions  of 
this  article  shall  be  fined  in  any  sum  not  exceeding  ten 
dollars. 

Art.  500.  That  an}^  person  who  shall  be  annoyed  or  dam- 
aged by  poultry  of  any  kind  running  on  the  streets  and  side- 
walks of  the  city,  nia}^  have  such  annoyance  or  damage  stopped 
by  reporting  same  to  the  chief  of  police,  whose  duty  it  shall 
be  to  immediately  notify  the  owners  of  said  poultry  of  the 
complaint  made,  and  to  warn  that  a  second  like  complaint 
would  subject  them  to  a  fine  not  to  exceed  ten  dollars. 

Art.  501.  It  shall  not  be  lawful  for  any  person  to  throw 
or  deposit  on  or  in  any  street,  sidewalk,  gutter,  alley,  ditch 
or  drain  any  filth,  garbage,  broken  glass,  tin  chips  or  boxes, 
bits  of  leather,  paper  hand  bills,  dodgers,  advertisements, 
newspapers,  fruit-parings,  banana  or  other  fruit  peelings  or 
any  trash  whatsoever,  but  the  same  may  be  placed  only  in 
the  garbage  boxes  or  barrels  prescribed  by  the  ordinances 
of  the  city. 

Art.  502.  It  shall  not  be  lawful  for  any  person  to  throw 
or  drop  from  the  roof  or  any  upper  stor}^  of  any  house  upon 
or  in  any  of  the  streets,  alleys,  gutters  or  sidewalks  in  said 
city  any  of  the  articles  aforesaid. 

Art.  503.  It  shall  not  be  lawful  for  any  person,  firm  or 
corporation  to  exhibit  or  distribute  or  to  have  posted  or 
pasted  up  on  any  of  the  bill  boards,  fences,  sidewalks,  curb- 
stones, posts  or  awnings  in  the  city  of  Galveston,  or  display 
in  any  window  or  show  case  any  picture,  print,  lithograph 
or  advertisement  representing  a  human  figure  in  a  lewd,  im- 
proper or  indecent  manner  or  representing  such  human  figure- 
as  suffering  from  or  being  afflicted  Avith  disease  of  any  kind 
whatsoever,  nor  shall  it  be  lawful  in  any  of  the  methods 
aforesaid,  to  exhibit  advertisements  of  any  medicine  or 
remedy  purporting  to  cure  such  disease  or  ailment,  where  such 
advertisement  is  accompanied  by  pictures  or  representations 
of  persons  represented  to  be  sufifering  from  such  disease,  and 
all  such  pictures  or  representations  so  exhibited  are  declared 

211 


Art.  504-508.      revised  ordinances  of  the 

to  be  nuisances  in  any  of  the  streets,  alleys,  or  sidewalks  of 
the  city  of  Galveston,  and  when  posted  or  pasted  up  may  be 
removed  by  the  chief  of  police  or  other  officers  of  the  city. 

Art.  504.  It  shall  not  be  lawful  for  any  firm,  corporation 
or  individual  to  throw  in  the  yard  or  about  the  premises  of 
any  house-holder  in  the  city  of  Galveston  any  package  con- 
taining medicines  or  mixtures  of  drugs,  chemicals  or  con- 
coctions for  advertising  purposes,  or  for  any  other  purpose. 

Art.  505.  That  any  person  violating  any  of  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof  before  the 
recorder,  be  fined  in  any  sum  not  less  than  one  dollar  nor 
more  than  ten  dollars,  and  every  day  that  such  pictures  or 
advertisement  hereinbefore  prohibited  shall  remain  exposed 
to  the  public  view  in  the  city  of  Galveston,  in  any  of  the 
methods  aforesaid,  shall  constitute  a  separate  offense  under 
the  provisions  of  this  ordinance. 

Art.  506.  That  it  shall  not  be  lawful  for  any  person  or 
persons  whenever  any  trees  or  shrubbery  shall  have  been 
trimmed  or  cut,  to  throw  or  place  the  limbs,  branches,  trim- 
mings or  leaves  from  the  same  in  any  street  or  alley  of  this 
city,  and  such  boughs  and  trnnmings  are  hereby  declared  to 
be  obstructions,  which  it  shall  be  unlawful  to  leave  on  any 
street  or  alley  in  said  city. 

Art.  507.  Any  person  violating  any  of  the  provisions  of  the 
seven  preceding  articles  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  less  than  one  dollar  and  not  exceeding  ten 
dollars. 

Art.  508.  That  where  the  owner  or  occupant  of  any  house, 
store,  shop  or  any  residence  shall  have  provided  a  box  or 
barrel  for  the  purpose  of  collecting  trash  or  other  refuse  for 
removal  by  the  carts  of  the  city,  it  shall  be  unlawful  for  any 
person,  except  an  employe  of  the  city,  to  remove,  interfere  with 
or  destroy  such  boxes  or  barrels,  so  provided  and  used  for 
such  purposes.  Any  person  violating  the  provisions  of  this 
article  shall,  upon  conviction  before  the  recorder,  be  fined 
in  any  sum  not  less  than  one  dollar  nor  more  than  five  dollars 
for  each  offense. 


212 


CITY   OF   GALVESTON.  ART.  509-511. 

CHAPTER  TWO. 

SEA    SHORES. 

Art.  509.  That  it  shall  be  unlawful  for  any  person  or  cor- 
poration to  make  any  excavations,  or  to  place  any  earth, 
stone,  piling,  logs,  shell,  or  structures  of  any  kind  whatso- 
ever, on  the  shores  or  in  the  waters  within  the  limits  of  the 
city  of  Galveston,  as  defined  in  Section  2  of  the  Charter  of  said 
city  of  Galveston,  without  first  obtaining  the  consent  of  the 
board  of  the  city  of  Galveston ;  provided,  that  the  provisions 
of  this  ordinance  are  not  intended,  and  shall  not  be  con- 
strued, to  extend  to  any  portion  of  the  harbor  of  Galves- 
ton over  which  the  government  of  the  United  States  law- 
fully exercises  jurisdiction  and  control,  and  provided,  fur- 
ther, that  it  is  not  intended,  and  shall  not  be  construed  to 
apply  to  excavations  in  slips  and  repairs  to  wharves  now  in 
existence  or  that  may  be  hereafter  authorized  by  the  board. 

Art.  510.  Any  person,  whether  acting  for  himself  or  as 
agent,  olBcer  or  .employe  of  any  private  corporation,  or  in- 
dividual or  individuals,  who  shall  violate  any  of  the  pro- 
visions of  the  foregoing  section  shall,  upon  conviction  thereof 
before  the  recorder  of  said  city,  be  fined  in  any  sum  not  more 
than  one  hundred  dollars  for  each  and  every  offense. 

Art.  511.  That  wheneve  r  any  such  obstruction  or  ob- 
structions and  excavations  or  material  shall  be  found  or  re- 
main on  the  said  shores  or  in  the  said  waters,  in  violation 
of  the  provisions  of  this  ordinance,  and  the  owner  or  owners 
or  claimants  thereof,  or  persons  placing  such  obstructions 
thereon,  or  causing  such  excavations,  fail  or  refuse  to  remove 
the  same  within  five  days  after  notice,  in  writing,  by  the 
chief  of  police  of  said  city,  the  same  shall  be  deemed  and 
constitute  a  nuisance,  and  should  the  president  deem  it  neces- 
sary, he  shall  and  he  is  hereby  empowered  to  order  the  chief 
of  police,  or  other  qualified  of^cer,  to  proceed  with  a  sufficient 
force  to  remove  said  obstruction  or  obstructions,  and  to  re- 
store the  said  shores  and  said  waters,  if  excavations  shall  have 
been  unlawfully  made  thereon ;  and  said  chief  of  police,  or 
other  qualified  officer,  as  aforesaid,  is  hereby  authorized  and 
empowered  to  summon  such  force  as  he  may  deem  necessary 

213 


Art.  5113.  revised  ordinances  of  the 

to   enforce  the  provisions  of  this  ordinance,   and  to  remove 
and  abolish  such  unlawful  obstructions. 


CHAPTER  THREE. 

SIDEWALKS. 

Art.  512.     The    sidevv^alks   of   the    city    of    Galveston    shall 
be  sixteen  feet  wide,  and  it  shall  not  be  lawful  for  any  per- 
son or  persons  to  obstruct  or  encumber  the  same  in  any  man- 
ner whatever  by  goods,  wares  or  merchandise  of  any  kind, 
and  merchants,  shop-keepers  and  other  persons  are  required 
to  move  the  goods,  wares  and  all  other  objects,  which  might 
obstruct  or  encumber  the  sidewalks,  into  their  houses,  yards 
or  other  places  under  a  penalty  of  five  dollars  for  every  day 
such  obstruction  or  encumbrance  shall  exist ;   Provided,  any 
merchant,  shop-keeper  or  other  person  occupying  and  doing 
business  in  any  house  in  this  city  shall  be  allowed  four  feet  of 
the  inner  side  of  the  sidewalk  fronting  such  house  for  the  shel- 
ter and  display,  but  not  for  the  sale,  of  such  goods,  wares  and 
merchandise  as  are  sold  or  dealt  in  by  such  person  within  such 
house,  under  regular  license  issued  b}^  the  city,  and.  provided 
further,  that  molasses  and  all  such  articles  of  merchandise  as 
are  subject  to  leakage  or  escape  shall  not  be  kept,  sheltered  or 
stored  on  sidewalks  or  in  such  positions  as  to  permit  the  con- 
tents  of   barrels   or   packages   to    escape    upon    the    sidewalk 
or  into  the  gutters ;  And,  provided,  further,  that  until  other- 
wise ordained  by  the  Board  of  Commissioners,  nothing  con- 
tained in  this  article  shall  operate  to  interfere  with  any  fruit 
stand  or  other  stand  for  sale  of  merchandise  or  other  wares 
heretofore  established  and  now  in  operation  on  any  sidewalk 
in  the  city  and  not  using  or  occupying  more  than  four  feet  of 
the  inner  side  of  such  sidewalk.     But  persons  doing  wholesale 
jobbing  or  commission  business  in  premises  fronting  on  Ave- 
nues A  or  B  or  C  may  use  more  of  the  sidewalk  in  front  of 
their  premises  for  receiving,  shipping,  handling  and  keeping 
their   goods    and    wares    and    consignments    during    business 
hours;   provided  that  there   shall   always   be   sufficient   space 
left  on  such  sidewalks  for  the  convenient  passage  of  the  pub- 
lic along  the  same. 

214 


CITY   OF   GALVESTON.  ArT.  514-515. 

Any  person  who  shall  violate  any  provision  of  this  article 
shall  be  fined  five  dollars  for  each  offense  and  each  day  such 
violation  shall  continue  shall  constitute  a  separate  offense. 

Art.  514.  No  gallery,  balcony  or  other  projection,  affixed 
to  or  forming  a  part  of  any  house  or  other  building,  shall  be 
made  to  extend  over  any  sidewalk  more  than  four  feet,  nor 
at  a  less  height  than  ten  feet  above  the  sidewalk;  and  all  such 
as  may  be  otherwise  constructed  shall  be  deemed  an  encroach- 
ment upon  the  sidewalk  and  a  nuisance,  and  the  person  who 
caused  the  same  to  be  constructed  shall  incur  a  penalty  of 
twenty  dollars,  and  the  gallery,  balcony  or  projection  shall 
be  removed  or  altered,  in  conformity  with  the  provisions 
hereof ;  and  neglect  or  refusal  to  alter  or  remove  such  nuisance 
shall  subject  such  person  or  persons  thus  offending  to  a 
penalty  of  five  dollars  per  day  during  the  continuance  of 
said  nuisance. 

Art.  515.  Owners  or  occupants  of  houses  within  the  city 
shall  have  the  privilege  of  extending  an  awning  or  shed  from 
said  house  over  the  sidewalk ;  provided,  that  the  same  shall 
extend  to  the  curbing  of  said  sidewalk,  and  shall  be  so  con- 
structed as  not  to  enclose  the  public  gas  lamp,  or  obstruct 
the  public  light.  Sufficient  openings  shall  be  left  to  see  the 
lamp  plainly  from  all  sides ;  the  pillars  or  posts  supporting 
the  same  shall  be  mortised,  or  let  into  the  curbing,  and 
seven  feet  apart ;  and  provided  further,  that  said  shed  shall 
be  eight  feet  from  the  curbs  of  the  sidewalk  to  the  eaves 
thereof,  and  next  the  house  ten  feet  from  the  ground  to  the 
top,  and  said  shed  shall  be  kept  at  all  times  neatly  painted ; 
provided  further,  that  w^ithin  the  prescribed  fire  limits  such 
awnings  or  sheds  over  sidewalks  shall  be  built  or  erected 
on  iron  columns,  and  the  roof  and  other  necessary  wood- 
work to  be  covered  with  fire-proof  material.  And  any  person 
or  persons  who  may  have  heretofore  erected,  or  who  shall 
hereafter  erect  an  awning  or  shed  from  his  house  contrary 
to  the  provisions  of  this  article,  shall  be  compelled  to  remove 
the  same,  and  shall  be  notified  so  to  do  by  the  chief  of  police, 
within  a  certain  time,  to  be  appointed  in  such  notice.  And 
every  person  refusing  or  neglecting  to  remove  such  awning 
or  shed  within  the  time  limited  as  aforesaid,  shall  be  subject, 
16-  215 


Art.  516-519.      revised  ordinances  of  the 

after  the  expiration  thereof,  to  a  fine  of  not  more  than  twenty 
dollars  for  each  and  every  day  the  said  awning-  or  shed  shall 
be  continued. 

Art.  510.  It  shall  be  the  duty  of  every  owner,  occupant 
or  ag-ent  of  any  lot  or  parcel  of  ground  within  the  limits  of 
the  city,  to  keep  the  sidewalks  in  front  of  and  around  the  same 
free  and  clear  from  weeds,  grass  and  trash,  from  the  line  of 
the  said  lot  or  parcel  of  ground  to  the  curbing  of  the  sidewalks 
thereof,  or  at  least  the  distance  of  sixteen  feet  from  the  line 
or  lines  of  the  lot  or  parcel  of  ground  into  the  street  or  streets 
adjoining,  and  any  and  every  person  failing  to  comply  with 
the  provisions  of  this  article  shall  be  notified  by  the  chief  of 
police  to  do  so  within  twenty-four  hours  from  the  receipt 
of  such  notice,  and  on  refusal  or  failure  to  comply  therewith, 
such  owner,  occupant  or  agent  shall  be  fined  in  a  sum  of  not 
more  than  ten  dollars  for  each  and  every  offense. 

Art.  517.  It  shall  be  the  duty  of  all  owners  or  occupiers 
of  houses,  stores,  shops  or  vacant  lots  to  keep  the  sidewalks 
before  their  houses,  stores,  shops  or  vacant  lots  clean  and 
in  good  condition,  and  it  shall  be  unlawful  and  prohibited  to 
sweep  into  the  gutters,  or  throw  into  the  streets  and  alleys, 
ofifal,  debris  or  anything  else;  such  sweepings,  debris,  offal, 
etc.,  shall  be  collected  in  boxes  or  barrels  and  placed  before 
the  doors,  at  the  edge  of  the  sidewalk,  or  in  the  alleys,  as 
may  be  directed  by  the  health  physician  where  scavenger 
carts  shall  take  it  at  certain  hours,  not  later  than  9  o'clock 
a.  m.,  and  the  empty  boxes  or  barrels  shall  not  remain  on  the 
sidewalk,  but  be  taken  back  to  the  house  by  the  owner.  Any 
person  violating  this  article  shall  be  fined  not  more  than  ten 
dollars  for  each  offense. 

Art.  518.  That  the  sidewalks  on  both  sides  of  the  here- 
inafter to  be  named  streets,  shall  be  filled  up,  graded,  curbed 
and  paved,  in  the  manner  and  with  the  materials  herein  desig- 
nated. The  sidewalks  so  to  be  improved  shall  be  divided  into 
two  classes,  viz :  class  A  and  class  B. 

Art.  519.  Class  A  shall  embrace  the  sidewalks  on  the 
south  side  of  Avenue  A  and  on  both  sides  of  Strand  or  Ave- 
nue B,  Mechanic  or  Avenue  C,  Postoffice  or  Avenue  E,  each 
between   Eighteenth   and  Twenty-fifth   streets;   also   on   both 

216 


CITY   OF   GALVESTON.  ART.  520-521. 

sides  of  Market  street  or  Avenue  D,  from  Eighteenth  to 
Twenty-third  street ;  also  on  both  sides  of  Nineteenth,  Twen- 
tieth, Twenty-first,  Twenty-second,  Twenty-third  and  Twenty- 
fourth  streets,  each  between  Avenue  A  and  Postoffice  street 
or  Avenue  E ;  and  also  on  the  west  side  of  Eighteenth  and 
on  the  east  side  of  Twenty-fifth  streets.  And. said  sidewalks 
shall  be  filled  up  or  raised  to  the  grade  established  by  the  city 
engineer,  and  paved  with  either  of  the  following  named  ma- 
terials, viz. :  asphalt,  hard  bricks,  laid  in  a  bed  of  Portland 
cement  and  properly  grouted ;  concrete,  made  of  Portland  ce- 
ment mixed  with  other  proper  materials,  or  with  tile  or 
stone  laid  in  a  bed  of  Portland  cement ;  and  the  curbing  around 
the  same  shall  be  made  of  the  best  hard  brick,  laid  in  Portland 
cement  and  capped  with  a  plank  of  hard  pine,  three  inches  in 
thickness  and  twelve  inches  wide,  properly  fastened  to  the 
curbing  with  necessary  iron  bolts. 

Art.  520.  Class  B  shall  embrace  the  sidewalks  on  both 
sides  of  Avenues  E,  G,  H,  I  and  J,  from  Eighteenth  street 
to  Twenty-fifth  street,  and  on  both  sides  of  Eighteenth,  Nine- 
teenth, Twentieth,  Twenty-first,  Twenty-second,  Twenty- 
third  Twenty-fourth  and  Twenty-fifth  streets,  each  between 
Avenues  F  and  J.  And  said  sidewalks  shall  be  filled  or 
raised  to  the  grade  established  by  the  city  engineer  and 
curbed  with  red  heart  cypress  wood,  stone  or  brick,  and  a 
pavement,  six  feet  in  width,  laid  in  center  of  the  same ;  the 
said  -pavement  to  be  composed  of  either  asphalt,  hard  brick, 
laid  in  mortar  and  grouted ;  concrete  made  of  Portland  cement 
and  other  proper  materials ;  tiles  or  stones. 

Art.  521.  That  where  pavements  have  already  been  made 
(excepting  such  as  are  made  of  planks  and  boards),  and  they 
are  found  to  be  below  the  established  grade,  the  owners  or 
agents  of  the  property  fronting  on  the  same  shall  be  notified 
by  the  city  engineer  to  raise  the  same  forthwith  to  the  re- 
quired height ;  and  if  not  done  in  accordance  with  the 
said  notice,  then,  in  that  event,  the  board  shall  cause 
the  same  to  be  done  by  contract  or  otherwise,  and  the  cost 
thereof  shall  be  assessed  against  the  property  front- 
ing or  abutting  on  the  said  sidewalks ;  where  sidewalks 
have   been   planked   over,   or   platforms   of   planks   or   boards 

217 


AkT.  o22-523.         EEVISED    ORDINANCES   OF   THE. 

have  been  made  across  the  sidewalks,  they  shall  be  taken 
up  and  removed,  and  the  sidewalk  shall  be  paved  as  pro- 
vided herein  for  other  sidewalks.  The  pavement  to  be  laid 
upon  each  sidewalk  shall  be  uniform  throughout  the  same: 
that  is  to  say,  shall  be  composed  of  the  same  material,  except 
when  parts  of  a  sidewalk  are  already  paved. 

Art.  522.  That^  in  all  cases  where  sidewalks  anywhere  in 
the  corporate  limits  are  found  to  be  so  low  or  defective  that 
water  will  accumulate  thereon  in  wet  weather,  the  owners 
or  agents  of  the  property  fronting  on  the  same  shall  be  re- 
quired to  fill,  raise  or  repair  the  same  forthwith  by  making 
a  walk  of  at  least  six  feet  width,  on  the  said  sidewalk,  of  sand, 
shells,  gravel  or  other  imperishable  filling,  of  sufficient  height 
to  prevent  water  from  remaining  thereon,  and  making  the 
sidewalk  passable  in  wet  weather.  If,  after  thirty  days  from 
the  passage  of  this  ordinance,  any  sidewalk  within  the  corpo- 
rate limits  is  not  filled,  raised  or  repaired  in  accordance  with 
this  article,  the  said  owners  or  agents  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  less  than  one  dollar  nor  more  than  ten  dollars 
for  each  day's  continuance  in  such  failure  or  refusal.  It  is 
made  the  duty  of  the  police  and  health  departments  to  look 
to  the  enforcement  of  this  ordinance,  and  any  notice  or 
complaint  given  to  either  of  the  departments  of  non-compli- 
ance with  this  ordinance,  shall  receive  attention  by  investiga- 
tion of  the  places  indicated  and  by  a  charge  against  the  re- 
spective owners  or  agents  if  such  charge  appears  to  be  justi- 
fiable. Complaint  to  be  made  by  chief  of  police  or  the  health 
physician. 

Art.  523.  That  the  sidewalks  on  both  sides  of  Sixteenth 
street,  between  Avenue  B  and  alley  north  of  Avenue  A; 

Eighteenth  street,  between  Avenue  B  and  alley  north  of 
Avenue  A; 

Twenty-third  street,  between  Avenue  N  and  Avenue  R; 

Twenty-fourth  street,  between  Avenue  D  and  Avenue  E ; 

Twenty-fifth  street,  between  Avenue  B  and  Avenue  C ; 

Twenty-ninth  street,  between  Avenue  B  and  Avenue  C; 

Thirtieth  street,  between  Avenue  E  and  Avenue  H; 

Avenue  B,  between  Sixteenth  and  Eighteenth  streets; 

218 


CITY  OF   GALVESTON.  Art.  524-526. 

Avenue  D,  between  Twenty-fifth  and  Thirty-third  streets ; 

Avenue  E,  between  Twenty-third  and  Twenty-fifth  streets ; 

Avenue  O,  between  Twenty-third  and  Thirty-fourth  streets ; 
shall  be  curbed  by  the  best  hard  brick,  stone  or  artificial  stone, 
laid  in  good  cement  mortar  and  brickwork,  capped  where 
necessary,  with  a  plank  of  heart  pine,  three  inches  in  thick- 
ness and  twelve  inches  wide,  properly  fastened, to  the  curbing 
with  necessary  iron  bolts,  and  the  sidewalks  then  filled  to 
grade. 

CHAPTER  FOUR. 

CONDEMNATION  OF  PROPERTY  FOR  OPENING  STREETS. 

Art.  524.  That,  whenever  the  board  shall  deem  it  neces- 
sary to  take  an}^  private  property  in  order  to  open,  change,  or 
widen  any  public  street,  avenue  or  alley,  such  property  may 
be  taken  for  such  purpose  by  making  just  compensation  to 
the  owner  thereof.  If  the  amount  of  such  compensation  can 
not  be  agreed  upon,  it  shall  be  the  duty  of  the  board  to  cause 
to  be  stated  in  writing  the  real  estate  or  property  sought  to 
be  taken,  the  name  of  the  owner  thereof  and  his  residence,  if 
known,  and  file  such  statement  with  the  county  judge  of  the 
county  of  Galveston. 

Art.  525.  Upon  the  filing  of  such  statement  it  shall  be  the 
duty  of  said  judge,  in  term,  time  or  vacation,  to  appoint  three 
disinterested  freeholders  and  qualified  voters  of  the  county  of 
Galveston  as  special  commissioners  to  assess  the  damages  to 
accrue  to  the  owner  by  reason  of  such  proposed  condem- 
nation. 

Art.  52G.  The  commissioners  so  appointed  shall  in  their 
proceedings  be  governed  and  controlled  by  the  laws  in  force 
in  reference  to  the  condemnation  of  the  right  of  way  for 
railroad  companies  and  the  assessment  of  the  damages  there- 
for, the  city  occupying  the  position  of  the.  railroad  company ; 
and  all  laws  in  reference  to  applications  for  the  condemnation 
of  the  right  of  way  for  railroad  companies,  including  the  meas- 
ure of  damages,  the  right  of  appeal,  and  the  like,  shall 
apply  to  an  application  by  the  city  for  the  condemnation  of 
property  for  the  purpose  of  opening,  changing  or  widening 

219 


Art.  527-528.      revised  ordinances  of  the 

streets,  avenues  or  alleys,  the  city  to  occupy  the  position  of  the 
railroad  company. 

CHAPTER  FIVE. 

HACKS,   DRAYS  AND  OTHER  VEHICLES. 

Art.  527.-  That  it  shall  be  unlawful  for  any  person,  firm 
or  corporation  jn  said  city  to  run  or  keep  for  public  or  private 
use  or  hire  any  of  the  vehicles  hereinafter  mentioned,  without 
having  first  obtained  a  license  therefor,  and  given  a  bond, 
and  paid  the  license  dues  prescribed  by  this  ordinance. 

Art.  538.  That  every  person,  firm  or  corporation,  desiring 
to  keep  for  public  or  private  use  or  hire  any  of  the  vehicles 
hereinafter  described,  shall  obtain  from  the  ~  city  collector  a 
license,  in  which  shall  be  described  the  vehicle,  with  the  num- 
ber of  animals  to  be  used,  and  the  period  for  which  said  license 
shall  be  in  force,  and  shall  execute  a  bond  in  the  sum  of  $100. 
two  or  more  sureties,  to  be  approved  by  the  city  collector, 
payable  to  said  city,  and  conditioned  as  folloAvs:  That  said 
person,  firm  or  corporation  shall  well  and  truly  perform  and 
discharge  each  and  all  the  duties  and  obligations  devolving 
upon  the  said  person,  firm  or  corporation,  and  incumbent 
upon  same,  under  the  ordinances  of  the  said  city  relative 
to  drays  and  vehicles,  dray  and  vehicle  license,  driving  and 
managing  the  same,  now  in  force,  or  that  shall  hereafter  be 
enacted;  and  shall  also  pay  the  following  license  dues  for  each 
and  every  dray,  furniture  cart,  or  grocery  or  delivery  wagon, 
drawn  by  not  more  than  one  animal,  as  license  dues,  the 
sum  of  five  dollars,  and  the  cost  of  numl)ering  not  to  ex- 
ceed twenty-five  cents;  for  each  and  every  milk  and  butcher 
wagon,  or  other  vehicle  used  for  such  juirpose,  drawn  by  not 
more  than  one  animal,  as  license  dues,  the  sum  of  two  dollars 
and  fifty  cents,  and  the  cost  of  numbering  not  to  exceed 
twenty-five  cents ;  for  every  truck  or  float,  drawn  by  two 
animals,  as  license  dues,  the  sum  of  twelve  dollars,  and  the 
cost  of  numbering  not  to  exceed  twenty-five  cents;  for  all 
other  four-wheeled  vehicles  used  for  transportation  of  merchan- 
dise, baggage,  etc.,  and  drawn  by  two  animals,  as  license  dues, 
the  sum  of  eight  dollars,  and  the  cost  of  numbering  not  to 
exceed   twenty-five   cents;   provided,   that   when    any    vehicle 

220 


CITY   OF   GALVESTON.  ART,  529-531. 

is  drawn  by  a  greater  number  of  animals  than  that  speciall}' 
set  forth  for  such  vehicle,  an  additional  amount  of  one  dollar 
shall  be  paid  for  each  additional  animal ;  for  each  and  every 
hack  and  omnibus,  and  for  each  and  every  street  railway  car 
for  the  transportation  of  passengers  for  hire,  or  for  the  use 
and  convenience  of  the  guests  of  hotels,  as  license  dues,  the 
sum  of  eight  dollars,  and  the  cost  of  numberii,ig  not  to  ex- 
ceed twenty-five  cents ;  for  each  and  every  buggy  kept  for 
hire,  as  license  dues,  the  sum  of  five  dollars,  and  the  cost  of 
numbering  not  to  exceed  twenty-five  cents ;  for  each  and 
every  private  carriage  drawn  by  more  than  one  animal,  as 
license  dues,  the  sum  of  five  dollars,  and  the  cost  of  number- 
ing not  to  exceed  twenty-five  cents ;  for  each  and  every  buggy, 
buckboard,  or  other  vehicle  not  heretofore  mentioned,  kept 
for  private  use.  as  license  dues,  the  sum  of  two  dollars  and 
fifty  cents,  and  cost  of  numbering  not  to  exceed  twenty-five 
cents. 

Art.  539.  That  all  drays,  carts,  trucks,  market  wagons, 
grocery  wagons,  milk  carts,  other  vehicles  used  for  carrying 
milk,  and  butchers"  wagons,  shall  have  affixed  to  them  a  num- 
ber painted  on  a  plate  corresponding  to  the  number  of  license, 
and  the  color  of  said  number  shall  be  changed  annually;  and 
all  oinnibuses  and  public  hacks  or  carriages  shall  have  painted 
on  the  front  and  side  lights  a  number,  in  colors  to  be  desig- 
nated annually  by  the  city  collector,  corresponding  to  the 
number  of  the  license  of  such  vehicle;  and  all  buggies,  public 
and  private,  and  all  private  carriages  shall  have  affixed  to 
them  in  some  conspicuous  place  a  number,  to  be  furnished  by 
the  city  collector  on  payment  of  license. 

Art.  530.  That  all  license  dues  provided  for  in  the  pre- 
ceding articles  of  thi^  chapter  shall  run  from  the  first  day 
of  January  one  year  to  the  first  day  of  January  next  year; 
provided,  that  such  license  dues  may  be  paid  at  any  time 
during-  the  year  for  the  unexpired  portion  thereof,  upon  pay- 
ment of  a  proportionate  amount  of  the  annual  dues,  and 
license  shall  be  issued  therefor. 

Art.  531.  The  amount  of  license  dues  hereinbefore  men- 
tioned shall  be  paid  to  the  city  collector,  who  shall  issue  to 
the  partv  paying  same  a   receipt  for  the  amount   paid ;   said 

221 


Art.  532-533.      revised  ordinanx^es  of  the 

receipt  shall  state  the  number  to  be  used  by  said  party  upon 
the  vehicle  paid  on  by  him,  and  the  collector  shall  also  issue 
a  number  plate  to  accompany  said  receipt,  keeping  in  a  book 
provided  for  the  purpose  a  correct  list  of  the  names  of  the 
owners  or  proprietors  of  all  vehicles  hereinbefore  mentioned, 
the  number  of  each  receipt  and  plate  delivered,  and  the  desig- 
nation of  each  species  of  carriage  or  vehicle  for  which  said 
license  dues  shall  be  collected. 

Art.  532.  Every  hack,  coach,  carriage,  cab,  omnibus  or 
other  vehicle  for  the  conveyance  of  passengers,  when  driven 
or  used,  or  waiting  and  standing  for  use  on  any  public  street 
or  place  in  the  night  time  within  said  city,  shall  have  fixed 
upon  some  conspicuous  part  of  each  of  the  outsides  thereof, 
a  lighted  lamp,  with  plain  glass  fronts  and  sides,  with  the 
number  designated  by  the  city  collector  painted  with  colors, 
on  the  inside  and  fronts  of  each  of  said  lamps  in  distinct 
and  legible  figures,  not  less  than  two  inches  in  size,  and  so 
placed  that  said  numbers  and  lamps  may  be  distinctly  seen 
from  the  inside  and  outside  of  such  vehicle;  and  shall  have  a 
card  furnished  by  the  city,  at  the  expense  of  the  owner,  con- 
taining the  prices  and  rates  of  fare  allowed  him,  and  the  name 
of  the  owner;  and  said  card  shall  always  be  kept  framed 
and  posted,  right  side  up,  in  some  conspicuous  place  in  each 
vehicle,  so  that  the  same  can  be  easily  seen  and  read  by  the 
passengers  at  all  times ;  and  any  person  or  persons  running 
any  such  vehicles  for  the  purposes  herein  contained,  without 
complying  literally  with  its  provisions,  shall  pay  a  fine  of 
not  less  than  ten  nor  more  than  one  hundred  dollars  for  each 
and  every  contravention. 

Art.  533.  Every  person  who  shall  take  out  a  license,  as 
hereinbefore  directed,  shall  be  responsible  for  all  persons  who 
shall  run  with  his  number  or  license,  unless  a  declaration  of 
transfer  or  substitution  shall  have  been  made  by  him  at  the 
collector's  office,  stating  the  name  of  the  party  substituted, 
which  shall  be  approved  by  the  board  of  commissioners ;  and 
such  person  so  substituted  shall  be  bound  in  the  same  manner 
as  if  he  had  taken  out  the  license  the  first  instance,  and  shall 
be  required  to  execute  a  bond  as  required  in  article  528 ;  and 
failing  to  execute  such  bond,  the  substituted  or  transferred 

222 


CITY   OF   GALVESTON.  ArT,  534-587. 

license  shall  give  such  transferee  no  right  to  run  such  vehicle  ; 
and  every  person  violating  the  provisions  of  this  article  shall 
pay  a  fine  of  from  ten  to  twenty-five  dollars  for  each  and  every 
violation. 

Art.  534.  Any  person  who  shall  run  or  cause  to  be  run, 
within  the  limits  of  this  city,  any  dray,  cart,  cab,  hack  or 
other  vehicle  whatever,  with  false  numbers,  or  who  shall  have 
affixed  the  numbers  of  any  previous  year,  or  the  same  numbers 
to  two  or  more  vehicles,  shall  pay  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
such  offense. 

Art.  535.  Whenever  the  number  of  any  dray,  cart,  cab, 
hack  or  other  carriage  or  vehicle  shall  be  erased  or  defaced 
by  time  or  any  other  cause,  so  that  it  can  not  be  distinctly 
deciphered,  the  owner  of  such  vehicle  aforesaid  shall  have 
his  number  immediately  reinstated ;  and  in  case  of  his  neglect 
or  refusing  so  to  do,  he  shall  pay  a  fine  of  not  over  twenty-five 
dollars  for  each  ^nd  every  violation  of  this  provision,  or  be 
imprisoned  from  seven  to  fourteen  days. 

Art.  536.  Any  drayman,  carter,  coachman,  or  other  driver 
of  any  cart,  dray,  wagon,  cab,  hack,  coach  or  other  carriage 
or  vehicle  whatever,  public  or  private,  or  any  person  riding 
on  horseback,  or  any  person  riding  a  bicycle  or  tricycle,  who 
shall  be  guilty  of  running  or  galloping  his  horse  or  horses, 
mule  or  mules,  through  any  of  the  streets  of  the  city  or  on  the 
beach,  within  the  city  limits,  or  who  shall  be  guilty  of  driving 
or  riding  at  any  faster  rate  than  a  slow  trot  or  pace,  not  ex- 
ceeding eight  miles  an  hour,  and  any  drayman  or  driver  of  any 
heavily  loaded  vehicle  who  shall  drive  his  dray  or  vehicle 
at  an}^  faster  gait  than  a  walk  through  the  streets  of  the  city, 
shall  be  arrested  and  fined  from  five  to  twenty-five  dollars 
for  each  ofifense. 

Art.  537.  It  shall  be  the  duty  of  all  draymen,  carters, 
coachmen,  and  all  other  drivers  of  drays,  carts,  hacks,  wagons, 
cabs  or  any  vehicle  whatever,  public  or  private,  and  the 
duty  of  all  persons  riding  bicycles  or  ticycles,  or  any  person 
on  horseback,  when  meeting  any  other  carriage  or  vehicle, 
or  any  person  on  horseback,  to  take  the  right  side  of  the  street 
or  road  they  may  be  in,  or  on  the  beach  within  the  city  limits, 

223 


Art.  538-540.      revised  ordinances  of  the 

until  such  carriage  or  vehicle,  or  bicycle  or  tricycle,  or  person 
on  horseback,  shall  have  passed,  or  until  they  have  passed 
such  vehicle,  bicycle,  tricycle,  or  person  on  horseback,  and 
any  such  driver  or  rider  from  behind,  shall  slow  up  and  pass 
upon  the  left  of  such  vehicle,  bicycle,  tricycle  or  rider;  and 
any  person  failing  to  do  so,  or  in  any  manner  violating  the 
provisions  of  this  article,  shall  pay  a  fine  of  not  less  than  five 
nor  more  than  twenty-five  dollars  for  each  ofifense. 

Art.  538.  If  any  accident  or  injury  shall  happen  on  ac- 
count of  any  drayman,  carter,  coachman,  horse  or  horses, 
mule  or  mules,  dray,  cart,  wagon,  coach,  cab,  hack  or  other 
vehicle  whatever,  public  or  private,  or  on  account  of  any  per- 
son riding  on  horseback,  bicycle  or  tricycle,  coming  in  contact 
with  any  person  or  vehicle  anywhere  within  the  city  limits, 
it  shall  be  the  duty  of  such  coachman,  drayman,  carter  or 
other  driver  or  rider  aforesaid,  to  stop  and  render  assistance, 
if  necessary,  and  to  give  his  name  or  that  of  his  employer,  and 
place  of  abode  and  the  number  of  the  carriage  or  vehicle ;  and 
in  default  thereof  he  shall  pay  a  fine  of  not  less  than  ten  nor 
more  than  twenty-five  dollars,  or  be  imprisoned  for  from  ten 
to  fourteen  days. 

Art.  539.  Any  person  using  a  bicycle  or  tricycle  on  the 
public  streets  of  this  city  shall  be  recjuired  to  carry  on  such 
vehicle,  after  sundown  and  before  sunrise,  a  light  of  sufficient 
illuminating  power  to  be  visible  at  a  distance  of  two  hundred 
feet,  also  an  alarm  bell,  and  a  signal  shall  be  given  by  sound- 
ing said  bell,  or  otherwise,  on  approaching  and  crossing  the 
intersection  of  any 'streets  or  avenues.  Any  person  violating 
any  of  the  provisions  of  this  ordinance  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  twenty-five  dollars 
for  each  and  every  offense. 

Art.  540.  It  shall  not  be  lawful  for  any  drayman,  or  any 
person,  to  ride  or  drive  any  horse,  or  cart,  or  carriage,  or  other 
vehicle  of  any  kind  whatever,  over  or  on  the  sidewalk  or  side- 
walks of  any  street  or  streets,  under  a  penalty  of  five  dollars 
for  each  and  every  ofifense,  and  every  drayman  or  other  person 
who  shall  injure  any  sidewalk  by  thus  riding  or  driving  any 
horse,  cart,  dray,  carriage  or  other  vehicle  over  the  same  shall 
be  required  to  repair  the  damage  done  to  the  said  sidewalk 

224 


CITY  OF  GALVESTON.  ART.  541-544. 

within  twenty-four  hours  thereafter,  on  penalty  of  two  dollars 
for  each  offense. 

Art.  541.     Carters,  draymen,  etc.,  shall  not,  under  any  pre- 
text  whatever,   when   unemployed,   refuse   to   transport    mer- 
chandise and  any  other  articles  whatever,  on  payment  of  the' 
legal  dues,  under  penalty  of    fine  of  five  dollars  for  each  and 
every  violation. 

Art.  542.  Each  and  every  driver  of  a  cart  or  dray  shall 
be  required  to  take  upon  his  cart  or  dray  a  full  load — that  is, 
one  hogshead  of  sugar,  twelve  sacks  of  cofifee,  four  barrels 
of  liquors  or  provisions,  seven  barrels  of  flour,  six  sacks  of 
salt  (large),  four  hundred  feet  of  lumber  (board  measure), 
one-half  cord  of  wood,  three  bales  of  cotton  ;  and  no  driver 
shall  be  required  or  allowed  to  take  for  a  load,  of  any  articles 
not  enumerated,  more  than  fifteen  hundred  pounds ;  and  no 
vehicle  of  any  kind  whatever  shall  be  allowed  to  haul  over  the 
streets  of  the  corporation  a  load  to  consist  of  over  six  thousand 
pounds  in  weight;  provided,  in  such  articles  as  machinery, 
etc.,  the  president  shall  have  power  to  grant  a  special  permit. 

Art.  543.  Every  driver  of  a  cart  or  dray  shall  be  entitled 
to  demand  and  receive,  before  delivery  of  the  load,  of  the  per- 
son who  employs  him,  the  following  prices,  to-wit :  For 
every  load  not  exceeding  ten  squares,  fifty  cents,  and  in  pro- 
portion for  a  greater  distance — provided,  that  nothing  herein 
contained  shall  prevent  a  special  agreement  as  to  amount  to 
be  charged. 

Art.  544.  The  prices  to  be  charged  by  the  owner  or  owners, 
driver  or  drivers,  of  any  hackney  coach,  carriage,  or  other 
vehicle  for  the  conveyance  of  passengers,  for  hire,  within  said 
city,  shall  be  as  follows,  to  be  regulated  and  estimated  by  the 
distance  on  the  most  direct  route :  For  carrying  a  passenger 
to  or  from  any  place  within  the  limits  of  said  city,  fifty  cents, 
but  in  no  instance  shall  any  charge  be  made  for  children  under 
five  years  old  belonging  to  the  family  of  or  party  hiring  said 
vehicle ;  for  the  use  of  any  buggy  or  other  vehicle,  drawn  by 
one  horse  or  other  animal,  by  the  hour,  one  dollar  and  fifty 
cents;  for  the  use  of  any  hack  or  other  vehicle  drawn  by  two 
horses,  per  hour,  two  dollars ;  and  double  the  above  rates  be- 
tween the  hours  of  nine  o'clock  p.  m.  and  five  o'clock  a.  m. 

2-2.T 


AKT.  545.  REVISED   ORDINANCES   OF   THE 

may  be  charged.  Every  passenger  shall  be  allowed  to  have 
conveyed  upon  such  vehicle,  without  extra  charge,  his  ordi- 
nary traveling  baggage,  or  other  luggage,  not  to  exceed  in 
weight  twenty-five  pounds.  No  owner  or  driver  of  any  hack- 
ney coach,  cab,  carriage,  coach,  or  other  vehicle,  licensed  as 
aforesaid,  shall  neglect  or  refuse  to  convey  in  said  city  any 
person  or  persons,  with  or  without  such  baggage,  when  applied 
to  for  that  purpose,  or  ask,  take  or  extort  from  any  such  person, 
a  price  or  rate  of  fare  for  such  conveyance  greater  than  is 
herein  established,  under  a  penalty  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

Art.  545.  No  owner  or  owners,  or  any  other  person  having 
charge  of  any  cart,  dray,  hackney  coach,  or  any  other  carriage 
or  vehicle,  whether  used  for  hire,  burden  or  pleasure,  shall  stop 
or  place  such  vehicle  at  or  near  the  intersection  of  any  street, 
lane  or  alley,  in  such  a  manner  as  to  prevent  foot  passengers 
from  passing  such  street,  lane  or  alley;  and  any  person  who 
shall  so  place  any  such  vehicle,  as  aforesaid,  and  shall  not  im- 
mediately, on  the  request  of  any  foot  passenger,  cause  the 
same  to  be  removed,  or  shall  absent  himself  so  that  the  re- 
quest cannot  be  immediately  made  and  complied  with,  shall 
be  liable  to  pay  a  fine  of  not  more  than  one  hundred  dollars, 
nor  less  than  ten  dollars,  for  each  violation.  No  person  having 
in  charge  any  coach,  cab,  omnibus  or  other  carriage  or  vehicle 
for  the  conveyance  of  passengers,  luggage  or  baggage,  shall, 
while  waiting  employment  at  any  stand,  wharf,  railroad  depot, 
or  any  other  place  whatever,  be  or  remain  more  than  six  feet 
from  the  vehicle  he  has  in  charge ;  and  no  more  than  one  driver 
shall  be  allowed  to  each  hackney  coach,  omnibus  or  other  ve- 
hicle intended  for  the  conveyance  of  passengers,  unless  it  be 
persons  belonging  to  the  same  establishment.  No  owner  or 
driver  of  any  cab,  hackney  coach,  carriage,  hack,  omnibus,  cart, 
dray,  or  other  vehicle,  while  waiting  employment  at  any  rail- 
road depot,  wharf,  steamboat  landing,  or  other  public  places  in 
said  city,  shall  unnecessarily  snap,  crack  or  flourish  his  whip, 
or  use  indecent  or  profane  language,  or  be  guilty  of  boisterous 
or  loud  talking,  or  any  disorderly  conduct,  or  vex  or  annoy 
travelers  or  citizens;  and  such  owners  and  drivers  are  required 
to  obey  any  and  all  rules  and  regulations  adopted  by  any  ratl- 

226 


CITY   OF   GALVESTON.  AeT.  546- 54 S. 

road  cohipany  or  person  or  association  for  the  promotion  of  or- 
der at  any  public  landing,  railroad  depot,  or  other  public  place 
in  said  city,  not  inconsistent  with  the  ordinances  of  said  city 
and  the  police  rei^ulations  thereof.  Any  person  or  persons  who 
shall  violate  any  or  either  of  the  provisions  of  this  article,  or 
who  shall  fail  or  neglect  to  comply  with  its  requirements,  shall, 
on  conviction,  pay  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars,  and,  in  the  discretion  of  the  president, 
forfeit  his  license. 

Art.  546.  That,  if  any  person  shall  ol:)tain  the  use  of  anv 
hackney  coach,  carriage  or  vehicle  for  the  conveyance  of  pas- 
sejigers,  or  a  seat  therein,  without  having  the  then  present 
means  of  paying  therefor,  without  notifying  the  driver  or  owner 
thereof  of  the  fact,  and  shall  enjoy  the  use  of  the  same  without 
paying  therefor  under  the  supposed  ability  so  to  do,  or  if  any 
person  shall  obtain  the  use  of  any  vehicle  or  carriage,  or  a  seat 
^herein,  with  a  view  to  enjoy  the  same  without  paying  there- 
for, or  in  any  wise  by  cunning  or  device  to  defraud  the  owner 
or  driver  of  any  such  hack,  coach,  carriage  or  other  vehicle 
as  aforesaid,  out  of  any  of  the  rates  or  dues  to  which  any  such 
owner  or  driver  is  or  may  be  entitled  to  receive  by  virtue  of 
any  ordinance,  such  person  so  offending  shall  be  deem.^d 
guilty  of  fraudulently  obtaining  the  use  of  the  same  ;  and  any 
person  so  offending  shall  be  fined  in  a  sum  not  less  than  five 
nor  more  than  twenty-five  dollars. 

Art.  547.  All  license  dues  collected  by  the  city  collector, 
under  the  provisions  of  this  chapter,  shall,  after  retaining  suffi- 
cient amounts  to  pay  the  expenses  of  issuing  said  licenses  and 
keeping  a  record  thereof,  be  by  him  paid  to  the  city  treasurer, 
and  the  amount  so  paid  shall  not  be  used  for  any  other  purpose 
than  the  improvement  of  the  streets,  alleys  and  avenues  of 
the  city ;  and  fines  and  penalties  collected  under  the  provisions 
of  this  chapter,  shall  be  used  exclusively  for  the  improvement 
of  the  streets,  alleys  and  avenues  of  the  city. 

Art.  548.  That  the  city  collector,  whenever  it  comes  to  his 
knowledge  that  there  has  been  a  violation  of  any  article  of  this 
chapter,  shall  notify  the  chief  of  police  in  writing,  giving  the 
name  or  names  of  the  person  or  persons,  and  upon  receipt  of 
such  notification,  the  chief  of  police  shall  cause  such  person  to 

227 


Art.  549-552.      revised  ordinances  of  the 

be  arrested  and  brcnight  before  the  recorder;  provicfed,  that 
nothnig  contained  m  this  article  shall  prevent  the  arrest  by 
said  chief  of  police  of  any  ofifender  against  this  chapter  at  any 
time  that  he  may  get  information  otherwise  than  aforesaid 
that  the  chapter  is  being  violated ;  and  the  city  collector  shall 
have  prepared  the  necessary  numbers  to  be  used  as  hereinbe- 
fore mentioned,  same  to  be  paid  for  by  owners  or  drivers  of 
vehicles  as  hereinbefore  mentioned. 

Art.  549.  That  the  center  of  Tremont  street,  except  at  its 
intersection  with  other  streets,  from  avenue  C  or  Mechanic 
street,  to  avenue  F  or  Church  street,  be  and  is  hereby  desig- 
nated as  a  stand  for  hacks  and  carriages,  to  stand  in  single 
line,  one  behind  the  other,  facing  north  or  south. 

Art.  550.  Twentieth  street  from  the  north  end  of  the  mar- 
ket, fronting  on  Mechanic  street,  to  the  Strand  ;  the  center  of 
Bath  avenue,  from  strand  to  Market  street,  except  at  its  in- 
tersection with  Mechanic  street,  and  the  necessary  space  next 
to  the  sidewalk  around  the  public  square  between  Twentieth 
and  I'wenty-first  streets  and  avenues  G  and  H,  are  hereby 
designated  as  stands  for  all  other  vehicles. 

Art.  551.  Where  the  center  or  any  part  of  a  street  is  des- 
ignated as  a  stand,  vehicles  when  not  employed  shall  there  be 
drawn  up  in  line,  with  their  drivers  in  attendance;  and  it  shall 
be  unlawful  for  any  vehicle,  when  unemployed  to  stand  else- 
where on  the  streets  of  the  city  than  at  the  places  hereinbefore 
designated,  unless  the  consent  of  the  occupants  or  persons  in 
control  of  the  premises  be  first  obtained  for  any  vehicle  to 
.-tand  in  front  thereof,  next  to  the  sidewalk.  While  unem- 
ployed and  while  waiting  employment,  the  driver  of  such  ve 
hide  shall  be  in  attendance  thereon,  and  shall  not  leave  his 
team,  except  for  reasonable  cause  or  necessary  ^mrpose,  a-cul 
not  then  unless  his  animals  are  securely  tied  each  with  a  strong 
ro^'C  or  halter  to  a  proper  hitching  post,  with  the  :onsent  of  the 
person  in  front  of  whose  premises  the  post  stands,  or  left  in 
charge  of  some  competent  person ;  provided,  the  time  of  such 
absence  shall  not  exceed  ten  minutes. 

Art.  552.  No  driver  of  any  hack,  omnibus,  baerefasre  wasron. 
aray,  or  other  vehicle  for  hire,  shall  stop  or  permit  his  vehicl'^. 


228 


CITY   OF   GALVESTON.  AKT.  553-555. 

to  stancl  on  those  portions  of  Strand  and  Twenty-fiftli  streets 
within  the  following-  boundaries : 

Beginning-  at  the  property  line  at  the  southeast  corner  of 
block  685  and  running  along  the  east  line  of  said  block  685  to 
the  alley  line,  a  distance  of  one  hundred  and  twenty  feet ; 
thence  at  right  angles  eastward,  sixty  feet ;  thence  at  right 
angles  southward,  one  hundred  and  sixty  feet;  thence  at  right 
angles  westward,  seventy-six  feet ;  thence  at  right  angles 
northward  to  the  south  property  line  of  said  block,  forty  feet, 
and  thence  eastward  to  the  place  of  beginning,  sixteen  feet. 

Art.  553.  No  driver  of  an}-  hack,  omnibus,  baggage 
wagon,  dray,  or  other  vehicle  for  hire  shall  enter  the  said  pas- 
senger station,  except  for  the  purpose  of  carrying  the  baggage 
of  a  passenger  into  the  said  station;  no  driver  of  any  such 
vehicle  shall  stand  on  the  sidewalk  in  front  of  the  said  pas- 
senger station  on  Twenty-fifth  street,  and  shall  not  stand  on, 
occupy  or  be  upon  the  sidewalk  on  the  north  side  of  Strand 
street,  between  Twenty-fifth  and  Twenty-sixth  streets,  and 
every  such  driver  shall  remain  on  his  vehicle  imtil  called  by 
some  person  to  take  or  receive  his  baggage,  for  which  purpose 
only  such  driver  may  go  upon  such  sidewalk. 

Art.  554.  No  hotel  runner  or  other  person  soliciting  cus- 
tom from  any  hotel  or  boarding  house  shall  enter  the  said  pas- 
senger station,  or  go  upon  or  stand  upon  any  part  of  the  side- 
walk in  front  of  the  said  station  on  Twenty-fifth  street,  nor  any 
part  of  the  sidewalk  on  the  north  side  of  Strand  street,  be- 
tween Twenty-fifth  and  Twenty-sixth  streets,  and  no  such 
hotel  runner  or  other  person  shall  solicit  custom  or  business  at 
any  place  in  the  city  of  Galveston  within  a  radius  of  two  hun- 
dred feet  from  the  southeast  corner  of  the  said  passenger 
station. 

CHAPTER  SEVEN. 

CENTENARY  SYSTEM. 

Art.  555.  That  what  is  known  as  the  centenary  system 
of  numbering  houses  is  hereby  adopted  for  the  city  of  Galves- 
ton, and  all  business  houses,  dwellings  and  public  buildings 
within  the  corporate  limits  of  said  city  shall  be  numbered  in 
the  manner  and  according  to  the  said  plan  or  system  as  herein- 
after described. 

229 


Art.  556-557.       revised  ordixances  of  the 

Art.  556.  That  First  street  on  th€  east  shall  be  the  base 
line  from  which  all  houses,  situated  on  avenues  running  east 
and  west,  shall  be  computed  and  numbered ;  that  all  houses  on 
the  south  side  of  said  avenues  shall  be  numbered  with  odd 
numbers,  and  all  houses  on  the  north  side  of  said  avenues  shall 
be  numbered  with  even  numbers ;  that  there  shall  be  fourteen 
odd  numbers  and  fourteen  even  numbers  to  each  block  on  said 
avenues,  and  such  half  numbers  as  may  be  necessary ;  that, 
commencing  at  the  base  line  of  First  street  on  the  east,  the 
first  house  going  west  on  the  south  side  of  the  street  shall  be 
numbered  101,  the  first  house  on  the  north  side  of  the  street 
shall  be  numbered  102,  and  the  houses  between  First  and  Sec- 
ond streets  shall  be  numbered  alternately  with  odd  and  even 
numbers ;  that,  commencing  with  Second  street,  the  first  house 
on  the  south  side  of  the  street  shall  be  numbered  201,  and  the 
first  house  on  the  north  side  of  the  street  shall  be  numbered 
202,  numbering  the  houses  between  Second  and  Third  streets 
alternately  with  odd  and  even  numbers;  that,  proceeding  west 
with  the  numbering  of  the  houses,  one  hundred  shall  be  added 
to  the  number  for  each  block  going  west,  thus :  The  first 
number  on  the  south  side  commencing  on  Third  street  shall 
be  301,  the  first  number  on  the  south  side  commencing  at 
Fouth  street  shall  be  401,  and  so  on  west — that  is,  Fifth  street, 
501 ;  Sixth  street,  601 ;  Seventh  street,  701,  and  so  on  to  Fifty- 
sixth  street,  which  would  be  5601. 

Art.  557.  That  avenue  A  on  the  north  shall  be  the  base  line 
from  which  all  houses,  situated  on  streets  running  north  and 
south,  shall  be  computed  and  numbered ;  that  all  houses  on 
the  west  side  of  said  streets  shall  be  numbered  with  odd  num- 
bers, and  all  houses  on  thd  east  side  of  said  streets  shall  be 
numbered  with  even  numbers;  that  there  shall  be  twelve  odd 
numbers  and  twelve  even  numbers  to  each  block  on  said 
streets,  and  such  half  numbers  as  may  be  necessary;  that, 
commencing  at  the  base  line  on  avenue  A  on  the  north,  the 
first  house  going  south  on  the  west  side  of  the  street  shall 
be  numbered  101,  and  the  first  house  on  the  east  side  of  the 
street  shall  be  numbered  102,  and  the  house  between  ave- 
nues A  and  B  shall  be  numbered  alternately  with  odd  and  even 
numbers;  that,  commencing  with  avenue  B,  the  first  house  on 

230 


CITY   OF   GALVESTON.  ArT.   ^58-563. 

the  west  side  of  the  street  shall  be  numbered  201,  numberinsf 
the  houses  between  avenues  B  and  C  alternately  with  odd  and 
even  numbers  ;  that,  proceeding  south  with  the  numbering  of 
the  houses,  one  hundred  shall  be  added  to  the  number  for  each 
block  going  south,  thus :  The  first  number  on  the  west  side 
commencing  at  avenue  C  shall  be  301 ;  the  first  number  on  the 
west  side  commencing  at  avenue  D  shall  be  401,  and  so  on 
south,  taking  care  to  reckon  by  blocks  and  half  numbers  of 
streets  south  of  avenue  M. 

Art.  558.  That  all  houses  in  that  portion  of  the  city  north 
of  avenue  A  to  the  channel  shall  be  numbered  on  the  streets 
running  north  to  the  channel  from  1  upwards  consecutively, 
with  the  odd  numbers  on  the  west  and  the  even  numbers  on 
the  east,  with  an  additional  prefix  of  the  word  "north"  to  the 
number,  thus:  Twenty-fifth  street.  North  15;  Thirtieth  street. 
North  30,  etc. 

Art.  559.  That  the  figures  used  shall  not  be  less  than  two 
and  one-half  inches  high,  and  the  character  of  the  work  and 
the  materials  used  therefor  must  be  such  as  to  insure  dura- 
bility. 

Art.  5t)0.  It  shall  be  the  duty  of  the  city  engineer  to  see 
that  all  new  buildings  which  may  hereafter  be  erected,  or 
changes  in  the  fronts  of  buildings  already  erected,  shall  be 
supplied  with  the  number  or  numbers  to  which  they  shall  be 
entitled  under  this  ordinance  by  the  owners  thereof,  and  in  all 
such  cases  the  figures  shall  correspond  with  the  plan  or  system 
and  specifications  herein  contained. 

Art.  561.  That  it  shall  be  the  duty  of  each  and  every  owner 
or  agent  of  any  house  in  the  city  of  Galveston  to  number  the 
same,  or  cause  the  same  to  be  numbered,  in  accordance  with 
the  provisions  of  this  ordinance;  and  also,  when  once  so  num- 
bered, should  the  numbers  from  any  cause  be  destroyed  or  be- 
come illegible,  to  replace  or  restore  the  same ;  and  any  such 
person  who  shall  fail  or  neglect  to  number  his  buildings,  as 
provided  by  this  ordinance,  on  or  before  the  20th  day  of  Jan- 
uary, 1891,  or  who,  having  once  so  numbered  them  and  the 
numbers  shall  have  become  from  any  cause  illegible,  shall  fail 
to  replace  or  restore  the  same  within  ten  days  thereafter,  shall,, 
in  either  event,  be  deemed  guilty  of  an  ofifense  and,  on  convic- 
17-  231 


Art.  562-565.      revised  ordinances  of  the 

tion  thereof  before  the  recorder,  shall  be  fined  in  any  sum  not 
less  than  two  or  more  than  ten  dollars,  and  each  day's  neglect, 
after  the  time  herein  specified  therefor,  either  to  number  the 
houses  or  to  replace  or  restore  numbers  that  have  been  des- 
troyed or  have  become  illegible,  shall  be  deemed  a  separate 
offense. 

Art.  562.  That  in  all  cases  where  there  are  in  existence 
numbers  upon  houses  not  in  conformity  with  the  plan  or  sys- 
tem in  this  ordinance  prescribed  ,  it  shall  be  the  duty  of  the 
owners  or  agents  of  such  houses  to  remove  the  same  before  or 
at  the  time  of  numbering  under  said  plan  or  system. 


TITLE  XII. 


CHAPTER  ONE. 

RULES  AND  REGULATIONS. 

Art.  563.  Any  telegraph,  telephone  or  electric  light  com- 
pany, duly  incorporated  according  to  law,  doing  business  or 
desiring  to  do  business  in  the  city  of  Galveston,  is  hereby  au- 
thorized, after  having  first  obtained  permission  of  the  board, 
to  set  its  poles,  pins,  abutments,  wires  and  other  fixtures,  along, 
and  across  any  of  the  streets  and  alleys  of  the  city,  subject  to 
the  regulations  hereinafter  provided. 

Art.  564.  Whenever,  in  the  judgment  of  the  city  engineer 
and  the  committee  on  streets  and  alleys,  the  use  of  any  alley  for 
such  purpose  is  practicable,  the  poles  of  such  company  shall 
be  placed  upon  and  along  said  alley,  instead  of  upon  and  along 
the  streets  next  adjoining  and  parallel  thereto.  Where  the 
poles  are  set  in  any  alley,  they  shall  be  located  as  near  the 
side  lines  of  the  alley  as  practicable,  and  in  such  a  manner  as 
not  to  incommode  the  public  or  the  adjoining  properties  or  res- 
idents. 

,  Art.  565.     The  poles  used  as  herein  provided,  shall  be  of 
sound  timber,  not  less  than  five  inches  in  diameter  at  the  upper 

232 


CITY   OF   GALVESTON.  ART.  566-568. 

end,  reasonably  straight  and  of  uniform  size.  All  poles  within 
the  fire  limits  shall  be  thoroughly  painted,  with  two  coats  of 
lead  and  oil  paint,  of  such  colors  as  may  be  directed  by  the 
committee,  on  streets  and  alleys,  and  be  supplied  with  iron 
steps  commencing  twelve  feet  from  surface  of  the  ground,  and 
reaching  to  the  arms  supporting  the  wires.  Said  wires  shall  be 
run  at  a  height  of  not  less  than  twenty-five  feet  above  the  grade 
shall  be  placed  in  all  cases,  when  practicable,  on  the  outer  edge 
of  the  sidewalk,  just  inside  the  curbstone,  and  on  the  line  di- 
viding the  lots,  one  from  the  other,  and  in  no  case  to  be  so 
placed  as  to  obstruct  the  drainage  of  the  streets  or  to  interfere 
with  or  damage  in  any  way  the  curbstones  or  other  public  or 
private  property  on  the  line  of  the  street  or  alley  where  such 
poles  shall  be  erected. 

Art.  566.  Before  any  telegraph,  telephone  or  electric  light 
company  shall  erect  any  poles  upon  any  street  or  alley,  they 
shall  submit  for  approval  to  the  board  the  route  of  their  pro- 
posed line  or  lines,  stating  the  name  of  the  street  or  streets 
to  be  occupied,  or,  if  an  alley,  the  number  of  the  block,  and, 
as  far  as  practicable,  the  location  of  each  pole.  i\ll  work  of 
excavating,  refilling  and  restoring  the  pavement  shall  be  done 
imder  the  supervision  of  the  city  engineer,  and  to  his  entire 
satisfaction,  and  in  all  cases  the  pavement  shall  be  restored  as 
speedily  as  possible  and  to  the  same  condition  it  was  before. 

Art.  567.  The  right  is  hereby  reserved  to  the  board,  at 
any  time,  to  direct  any  alteration  in  the  location  of  poles,  and 
also  in  the  height  at  which  the  wires  shall  run,  but  before  such 
alteration  is  made,  at  least  five  days'  notice,  in  writing,  shall  be 
given  to  the  president  or  local  officer  in  charge  of  the  company 
affected  by  the  proposed  alteration,  and  reasonable  opportunity 
shall  be  afiforded  the  representatives  of  such  company,  or  any 
citizen  interested,  to  be  heard  therein.  But  when  any  such 
alteration  shall  be  ordered,  the  said  company  shall,  within  five 
days  thereafter,  commence  such  alterations  and  complete  the 
same  as  soon  as  practicable  thereafter,'  and  upon  failure  to  do 
so,  it  shall  be  deemed  guilty  of  misdemeanor  and  punished  as 
hereinafter  provided. 

Art.  568.  Every  telegraph,  telephone  or  electric  light 
company,  doing  business  in  this  city,  shall  keep  on  deposit  with 

233 


Art.  569-573.      revised  ordinances  of  the 

the  city  treasurer  the  sum  of  fifty  dollars,  subject  to  the  order 
of  the  city  engineer,  to  be  used  by  him  in  restoring  any  side- 
walk, gutter,  street  or  alley  pavement  displaced  or  injured  in 
the  erection,  alteration  or  removal  of  any  pole  of  such  com- 
pany, when  said  company  refuses  or  fails  to  make  such  resto- 
ration to  the  satisfaction  of  the  committee  on  streets  and  al- 
leys. Any  company  failing  to  make  such  deposit  within  thirty 
days  after  the  passage  of  this  ordi-nance,  or  within  five  days 
after  commencing  business,  if  a  new  company,  or  which  shall 
fail  to  make  good  the  amount  when  any  portion  of  it  has  been 
expended,  as  herein  provided,  within  five  days  after  notice  so 
to  do  has  been  sent  by  the  city  engineer,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  punished  as  hereinafter  provided. 

Art.  569.  Any  telegraph,  telephone  or  electric  light  com- 
pany, doing  business  in  the  city  of  Galveston,  or  any  president, 
manager,  superintendent  or  local  officer  in  charge  thereof,  who 
shall  violate  or  fail  to  comply  with  any  of  the  provisions  of  this 
chapter,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  ofifense. 

Art.  570.  Any  company  erecting  poles  under  the  provis- 
ions of  this  ordinance  shall,  before  obtaining  a  permit  therefor, 
file  an  agreement  in  the  office  of  the  secretary,  permitting  the 
city  of  Galveston  to  occupy  and  use  the  top  cross-arm  of  any 
pole  erected,  or  which  is  now  erected  for  the  use  of  said  city  for 
fire,  police  or  municipal  telegraph  purposes  free  of  charge. 

Art.  571.  Nothing  contained  in  this  ordinance  shall  be  so 
construed  as  to  in  any  manner  affect  the  right  of  the  city,  in 
the  future,  to  prescribe  any  other  mode  of  conducting  such 
wires  over  or  under  its  thoroughfares. 

Art.  572.  Every  telegraph,  telephone  or  electric  light 
company,  doing  business  in  this  city,  shall,  within  twenty  days 
after  the  passage  of  this  ordinance,  file  with  the  city  secretary, 
its  acceptance,  in  writing,  of  so  much  of  this  ordinance  as  re- 
lates to  the  use  by  the  city  of  the  top  cross-arms  of  the  poles. 

Art.  573.  That  it  shall  be  unlawful  for  any  person  to  post, 
tack,  paste  or  attach  any  bill,  sign,  card,  poster,  notice  or  ad- 
vertisement of  any  kind  on  or  to  a  telegraph,  telephone  or  fire 
alarm  pole,  or  in  any  manner  injure  or  deface  the  same  within 

234 


CITY  OF  GALVESTON.  ART.  574-575. 

the  limits  of  the  city  of  Galveston,  and  any  person  who  shall 
violate  any  of  the  provisions  of  this  article  shall  be  fined  in  the 
sum  of  not  more  than  ten  dollars  for  each  and  every  ofifense. 
And  the  injuring  or  defacing  of  each  and  every  pole  in  any  of 
the  modes  described  in  the  preceding  article  shall  constitute  a 
separate  ofifense. 

Art.  574.  It  shall  be  unlawful  for  any  telegraph,  telephone, 
electric  light  or  power  company,  or  any  person  or  corporation, 
to  construct,  maintain  or  operate  au}^  wire  or  wires  at  a  less 
■distance  than  three  (3)  feet  from  the  wire  or  wires  of  the  city's 
fire  alarm  telegraph  or  electric  light  plants ;  provided,  how- 
ever, that  whenever  the  city  shall  use  the  top  cross-arm  on  any 
pole  belonging  to  any  telegraph,  telephone,  electric  light  or 
power  company  for  fire,  police  or  municipal  purposes,  under 
the  provisions  of  article  5G8  of  the  Revised  Ordinances,  the 
wires  and  cross-arms  on  the  pole  so  used  may  be  placed  at  not 
less  than  eighteen  (18)  inches  apart.  Any  person  or  any  agent, 
officer  or  servant  of  any  corporation,  violating  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof  before  the  re- 
corder's court,  be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  at  the  discretion  of  the  court. 


TITLE  XIII. 


CHAPTER  ONE. 

RULES    AND    REGULATIONS. 

Art.  575.  It  shall  not  be  lawful  for  any  person,  except  the 
Superintendent  of  the  Water  Works,  his  assistant  or  an  in- 
spector under  his  charge,  to  take  any  water  from  any  public 
hydrant,  plug,  street  washer,  draw-cock,  hose  or  pipe,  except 
for  fire  purposes  or  as  may  be  specially  authorized  or  per- 
mitted by  the  Board  of  Water  Commissioners ;  nor  in  any  way 
to  use  or  take  any  city  water  for  private  use,  for  which  the 

235 


Art.  576-578.      revised  ordinances  of  the 

water  rates  have  not  first  been  duly  paid  and  a  receipt  for 
said  payment  or  a  written  permit  from  the  Secretary  of  the 
Water  Works  has  first  been  obtained.  Any  person  violating 
any  of  the  provisions  of  this  article  shall,  upon  conviction 
thereof,  be  punished  as  hereinafter  provided. 

Art.  576.  It  shall  not  be  lawful  for  any  person,  except  as 
provided  in  article  1  of  this  ordinance,  to  open  any  city  fire 
hydrant  or  to  open,  remove,  or  obstruct  any  city  stop-cock  or 
cover,  nor  to  open,  obstruct,  or  in  any  way  interfere  with  any 
private  hydrant,  street  washer,  pipe  or  valve,  except  the  owner 
or  his  attendant  of  such  private  hydrant,  street  washer,  pipe 
or  valve,  nor  to  place  or  deposit  dirt  or  other  material  in  any 
public  or  private  stop-cock  boxes,  or  to  commit  any  act  tend- 
ing to  obstruct  the  use  thereof,  nor  in  any  way  to  injure  any 
buildings,  material,  pipe,  apparatus,  tools  or  fixtures  of  said 
City  Water  Works.  Any  person  violating  any  of  the  provis- 
ions of  this  article  shall,  upon  conviction  thereof,  be  punished 
as  hereinafter  provided. 

Art.  577.  It  shall  not  be  lawful  for  any  person  whose  water 
service  shall  have  been  turned  off  by  the  officers  of  the  City 
Water  Works,  to  reopen  or  turn  on  such  water,  or  to  direct  or 
permit  the  same  to  be  done,  unless  the  same  shall  be  reopened 
or  turned  on  by  the  Superintendent  of  the  Board  of  Water 
Works,  or  by  some  person  under  his  charge  or  direction.  Any 
person  violating  any  of  the  provisions  of  this  article  shall, 
upon  conviction  thereof,  be  punished  as  hereinafter  provided. 

x\rt.  578.  It  shall  not  be  lawful  for  any  water-taker  to 
permit  or  allow  the  water  to  be  used  for  any  other  purpose 
than  that  named  in  the  assessments  upon  which  payment  for 
water  rent  is  based ;  nor  shall  it  be  lawful  for  any  person  to  use 
the  water  for  sprinkling  gardens,  streets  or  sidewalks  or  wash- 
ing carriages,  omnibuses,  cars  or  other  vehicles,  unless  as- 
sessments for  payments  have  been  made  for  such  purposes ; 
nor  shall  it  be  lawful  for  any  water  taker  to  permit  leaks  on 
his,  her  or  their  private  water  pipes  or  fixtures,  or  allow  the 
water  to  flow  in  an  unnecessary  or  wasteful  manner,  if  paid 
on  the  basis  of  specific  rates;  nor  shall  it  be  lawful  for  any 
person  to  hitch  a  horse  or  other  animal  to  any  fire  hydrant, 
nor  to  any  other  hydrant  or  pipe,  either  public  or  private,  con- 

236 


CITY   OF   GALVESTON.  ART.  579-580. 

nected  with  or  belong-ing  to  the  water  works  system  in  the 
city  of  Galveston  ;  or  to  break,  injure  or  deface  in  any  manner, 
or  remove  any  part  of  any  public  hydrant  connected  with  the 
water  works  system,  or  to  cause  any  unnecessary  waste  of 
water  from  same.  Any  person  violating  any  of  the  provisions 
of  this  section  shall,  upon  conviction  thereof  before  the  re- 
corder of  this  city,  be  fined  in  the  sum  of  ten  dollars. 

CHAPTER  TWO. 

PLUMBERS. 

Art.  579.  Any  plumber  wishing  to  do  business  or  obtain 
permission  to  make  attachments  or  connections,  enter  hy- 
drants or  do  any  plumbing  in  connection  with  the  water  works, 
sewers  or  system  of  sewerage,  of  the  city  of  Galveston  shall 
before  receiving  such  permission  make  his  petition  in  writing 
to  the  board  of  commissioners,  giving  the  name  of  the  firm,  if 
any,  and  its  component  members  and  place  of  business  and 
asking  to  become  a  plumber  in  connection  with  said  water 
works  and  sewerage  system,  stating  his  willingness  and  agree- 
ment to  abide  and  be  governed  by  all  and  singular  the  rules, 
regulations  and  requirements  prescribed  by  the  Charter  or 
by  the  board  of  commissioners  or  under  its  authority  touching 
or  concerning  said  water  works  and  sewerage  system  and  all 
penalties  and  conditions  that  have  been  or  may  from  time  to- 
time  be  established  and  prescribed  by  said  board  or  under  its 
authority. 

Art.  580.  Every  .plumber  applying  for  such  license  must 
be  a  resident  of  Galveston  and  satisfy  the  board  of  commis- 
sioners that  he  is  thoroughly  competent  and  qualified  for  the 
plumbing  business ;  that  he  is  of  good  reputation  and  in  every 
way  qualified  to  receive  a  license.  If  his  petition  for  license 
be  granted,  he  shall  at  or  before  the  time  of  receiving  such 
license  (which  shall  be  signed  by  the  president  and  attested 
by  the  secretary),  execute  and  deposit  with  the  secretary  a 
bond  with  two  or  more  sureties,  to  be  approved  by  the  presi- 
dent and  by  the  water  works  and  sewerage  commissioner  and 
by  the  commissioner  of  finance  and  revenue,  in  the  sum  of 
$1,000,  conditioned  that  he  will  indemnif}-  the  city  of  Galveston 
against  any  loss  or  damage  by  reason  of  accident,  neglect  or 

237 


Art.  581-583.      revised  ordinances  of  the 

any  skillfullness  in  the  performance  of  any  work  contemplated 
within  the  terms  of  his  license,  and  pay  all  fines  that  may  be 
imposed  upon  him  by  the  board  or  under  its  authority. 

Art.  581.  For  violation  of  any  law,  ordinance,  rule  or  regu- 
lation relative  to  the  water  works  and  sewerage  system  of  the 
city,  the  water  works  and  sewerage  commissioner  may  sus- 
pend the  license  of  any  plumber  and  his  authority  to  do  busi- 
ness thereunder  until  the  matter  is  reported  to  and  acted  upon 
by  the  board  of  commissioners,  which  may,  in  its  discretion, 
punish  such  violation  by  fine  or  by  revocation  and  cancella- 
tion of  such  license,  or  both  ;  and  no  plumber  shall  be  author- 
ized to  do  any  work  under  his  license  while  any  such  fine  shall 
remain  unpaid. 

Art.  582.  All  laws,  rules  and  regulations  for  the  manage- 
ment, operation  and  protection  of  the  waterworks  and  sewer- 
age system  of  the  city  of  Galveston  which  were  in  force  on 
September  19th,  19U1,  and  which  have  not  by  the  charter  of 
the  city  or  by  ordinance  or  resolution  of  the  board  of  commis- 
sioners been  superseded,  modified  or  repealed,  shall  stand  and 
be  continued  in  force  from  and  after  said  l!)th  day  of  Septem- 
ber, 1901,  until  otherwise  ordered  by  the  board  of  commis- 
sioners. 

Art.  583.  It  shall  not  be  lawful  for  anyone,  except  a  li-  ' 
censed  plumber  or  as  hereinafter  provided,  to  make  any  sewer 
connections,  to-  put  an  installation  of  city  water  on  any  pri- 
vate premises,  nor  to  make  any  additions  or  alterations  what- 
ever to  or  on  any  tap  pipe,  water  pipe,  water-cock  or  other 
fixture  through  which  city  water  is  taken,  or  sewer  connections 
are  made.  Steam  plants,  employing  licensed  engineers,  may 
be  excused  from  the  operation  of  this  article,  provided  they 
first  obtain  the  permission  of  the  board  of  water  commission- 
ers, which  the  said  board  may  grant  or  refuse  or  withdraw  at 
any  time  as  it  may  deem  advisable;  all  installations  of  city 
water,  and  sewerage  connections,  and  any  changes,  alterations, 
or  additions,  must  be  reported  by  the  licensed  plumbers,  or  by 
the  licensed  engineers,  working  under  the  permission  of  the 
board,  at  the  Water  Works  office,  not  later  than  the  next  day 
after  the  work  has  been  done.    Any  person  violating  any  of  the 


238 


CITY   OF   GALVESTON.  ArT.  584-587. 

provisions  of  this  article  shall,  upon  conviction  thereof,  be 
punished  as  hereinafter  provided. 

Art.  584.  It  shall  not  be  lawful  for  any  person,  except  the 
officers  of  the  city  water  works,  or  under  their  orders  or 
directions,  to  remove  any  water  meter  or  elevator  indicator,  or 
to  in  any  way  interfere  with  such  meters  or  indicators ;  and 
any  person  having  charge  of  such  meters  or  indicators  who 
shall  allow  or  sufifer  the  same  to  be  taken  off  or  to  be  inter- 
fered with,  except  as  stated,  shall,  upon  conviction  thereof, 
be  punished  as  hereinafter  provided. 

Art.  585.  It  shall  not  be  lawful  for  any  person  to  in  any 
manner  obstruct  the  access  to  any  fire  hydrant  or  public  stop- 
cock belonging  to  the  said  city  water  works.  Any  person 
found  guilty  of  violating  any  of  the  provisions  of  this  ordi- 
nance hereinbefore  set  forth  shall,  upon  conviction  thereof  be- 
fore the  recorder  of  this  city,  be  fined  in  the  sum  of  ten  dollars 
($10). 

CHAPTER  THREE. 

SEWER    REGULATIONS. 

Art.  586.  That  every  owner,  tenant  or  occupant  of  any 
property  or  premises  located  upon  or  near  any  street  or  alley 
or  upon  any  lot  abutting  on  any  street  or  alley  along  which 
extends  any  sewer  or  system  of  sewerage  owned  or  controlled 
or  constructed  or  authorized  to  be  constructed  by  the  city, 
is  hereby  required  at  his  own  expense  to  connect  with  such 
sewer  or  system  of  sewerage,  all  water  closets,  sinks  and  drains 
upon  their  respective  property  or  premises  so  that  their  con- 
tents may  be  made  to  empty  into  such  sewers  or  system  of 
sewerage  and  to  maintain  and  keep  open  and  use  such  connec- 
tions and  to  observe  all  rules  and  regulations  concerning  the 
same  now  of  force  or  hereafter  adopted  for  the  management 
of  the  water  works  and  sewerage  systems. 

Art.  587.  That  any  owner,  agent,  tenant  or  occupant  of 
any  property  or  premises  located  upon  or  near  any  street  or 
alley  or  upon  any  lot  abutting  on  any  street  or  alley,  along 
which  extends  any  sewer  or  system  of  sewerage  owned  or 
controlled  or  constructed  or  authorized  to  be  constructed  by 
the  city,  who  shall  construct,  keep,  maintain,  use  or  permit 
18-  239 


Art.  588.  revised  ordinances  of  the 

to  be  used,  on  such  property  or  premises  any  water  closet, 
sink,  drain  or  other  receptacle  of  sewerage,  unless  the  same  is 
duly  connected  with  such  sewers  or  system  of  sewerage  so  as 
that  its  contents  are  made  to  empty  into  such  sewer  or  system 
of  sewerage,  shall  be  punished  by  a  fine  of  not  less  than  $5  nor 
more  than  $25  for  each  such  ofifense,  and  each  day  that  such 
water  closet,  sink  or  drain  is  so  kept,  maintained,  used  or 
permitted  to  be  used  shall  constitute  a  separate  offense.  Any 
person  who  shall  knowingly  break,  injure  or  in  any  way  impair 
or  obstruct  any  pipe,  conduit,  lateral,  sewer,  trap,  valve,  man- 
hole or  other  part  of  appliance  whatever  of  the  system  of  sew- 
erage owned  or  controlled  or  constructed  or  authorized  to  be 
constructed  by  the  city,  or  who  shall  willfully  place  or  allow 
to  flow  or  escape  therein  any  trash,  waste  material,  grease, 
storm  water  or  other  article,  fluid,  thing  or  substance  of  any 
kind  that  is  liable  to  obstruct  such  pipes,  conduits,  laterals, 
sewers,  traps,  valves  or  other  part  of  appliance  of  such  sewer 
or  system  of  sewerage,  shall  be  punished  by  a  fine  of  not  less 
than  $10  nor  more  than  $100  for  each  and  every  oflfense,  and 
each  day  that  any  such  obstruction  shall  continue  shall  consti- 
tute a  separate  offense.  Any  person  who  shall  willfully  violate 
any  other  rule  or  regulation  adopted  by  the  board  of  commis- 
sioners for  the  management  of  the  water  works  and  sewerage 
systems  shall  be  punished  by  a  fine  of  not  more  than  $50. 

Art.  588.  That  all  such  connections  with  such  sewers  and 
sewerage  systems  shall  be  constructed,  made,  maintained  and 
used  in  mode  and  manner  as  prescribed  from  time  to  time  by 
rules  and  regulations  adopted  by  the  board  of  commissioners 
with  reference  thereto,  and  the  owner,  tenant  and  occupant 
of  the  premises  or  property  so  connected  shall  pay  quarterly 
in  advance  the  rates  and  tolls  prescribed  for  such  sewer  service 
in  the  schedule  of  sewer  rates  and  tolls  made  and  established 
by  said  board ;  and  if  the  owner  or  occupant  or  tenant  of  any 
such  premises  shall  violate  any  provision  of  this  section,  or 
any  rule  or  regulation  adopted  by  said  board  relative  to  sewers 
or  sewerage,  the  superintendent  of  water  works  shall  cut  off 
the  connection  of  such  property  or  premises  from  the  sewers 
or  system  of  sewerage  and  not  permit  such  connection  to  be 
reopened  until  such  provision,  rule  or  regulation  is  complied 

240 


CITY   OF   GALVESTON.  ART. '589-590. 

with  and  until  all  arrearages  of  rates  or  tolls  shall  have  been 
paid  and  also  snch  charges  as  may  be  fixed  in  the  rules  and  reg- 
itlations  for  making,  cutting  off  and  reopening  such  connec- 
tions. 

Art.  589.  That  the  ordinance  concerning  sewers  and  sew- 
erage systems,  providing  for  the  operation  and  maintenance 
thereof,  requiring  connections  to  be  made  therewith  and  affix- 
ing penalties  for  its  violation,  passed  April  15,  1901,  and  the 
amendment  of  section  3  of  said  ordinance,  approved  May  21, 
1901,  be  and  the  same  are  hereby  repealed. 

Passed  November  13,  1901. 

Art.  590.  When  any  sewer  connections  or  laterals  have 
been  completed  in  any  street  or  alley  for  the  receiving  of  house 
sewerage,  or  if  already  completed,  in  either  case,  then  the 
owner,  tenants  and  occupants  of  the  building  or  buildings  on 
lots  abutting  thereon  shall  at  once  connect  all  water  closets 
on  said  premises  with  the  sewers  or  sewerage  system,  after 
having  procured  a  permit  from  the  Commissioner  of  Water- 
works and  Sewerage,  subject  to  whose  approval,  supervision 
and  control  the  work  shall  be  done. 

The  rates  and  charges  for  sewer  service  shall  be  as  follows 
until  otherwise  ordered  by  the  Board : 

1.  For  each  hotel  and  factory  and  restaurant: 

First  three  closets,  $1.50  per  month  each ;  all  additional 
closets  75  cents  each  per  month ;  for  connecting  slop-hoppers, 
T5  cents  addition  per  month  each. 

2.  For  stores,  warehouses,  offices,  saloons  and  bar-rooms : 
The  first  closet  $1.50  per  month;  second  closet,  $1.00  per 

month  ;  all  additional  closets,  50  cents  per  month  each. 

3.  For  all  public  buildings  other  than  city  buildings,  public 
school  buildings  and  engine  houses : 

The  first  three  closets,  $2.00  per  month  each ;  all  addi- 
tional closets,  $1.50  per  month  each. 

■i.  For   each  boarding  house : 

The  first  two  closets,  $1.25  per  month  each ;  all  additional 
closets  75  cents  per  month  each  :  for  connecting  slop-hoppers 
with     sewer.  50  cents  per  month  each  additional. 

5.  For  each  private  residence  or  cottage : 

241 


Art.  591.  revised  ordinances  of  the 

The  first  closet,  $1.00  per  month ;  all  additional  closets  50 
cents  per  month  each ;  for  connecting  slop-hoppers  with  sewer, 
50  cents  per  month  each. 

6.  For  each  livery  stable: 

The  first  closet,  $1.50  per  month;  second  closet,  $1.00  per 
month;  for  carrying  ofif  waste  water  and  urine  from  horses, 
$1.00  per  month. 

All  other  buildings  not  mentioned  in  this  schedule  will  be 
charged  in  proportion,  property  owners  paying  for  all  hop- 
pers, traps  and  pipe  connections  from  the  sewer  line  into 
their  premises,  but  all  plumbing  and  connections  of  every 
kind  shall  be  subject  to  the  supervision,  control  and  approval 
of  said  Commissioner  of  Water  vvorks  and  Sewerage,  or  of 
the  person  designated  by  him.  And  for  all  places  other  than 
those  above  described,  such- rates  shall  be  paid  as  may  be  fixed 
by  said  Board  of  Commissioners. 

Third :  That  all  connections  for  sewerage  service  between 
laterals  or  sewers  will  be  constructed  by  the  city  or  under 
its  authority  from  such  lateral  or  sewer  to  the  property  line 
of  the  lot  whereon  are  situated  the  premises  to  be  served,  but 
the  person  for  whom  such  connections  are  contracted  shall 
pay  the  Waterworks  and  Sewerage  Department  five  dollars 
for  constructing  each  such  connection. 

November  12,  1901. 


TITLE  XIV. 


CHAPTER  ONE. 

RULES   AND    REGULATIONS. 

Art.  591.  The  gift  to  the  city  of  Galveston  by  the  Gal- 
veston Chamber  of  Commerce  of  the  collection  known  as  the 
"Galveston  Mercantile  Library,"  is  hereby  accepted,  and  the 
same  is  established  as  a  free  public  library,  for  the  use  of  all 

242 


CITY  OF  galve;ston.  Art.  592-594. 

citizens  and  residents  of  Galveston  forever ;  and  the  names  of 
all  subscribers  to  the  library  fund  for  said  Galveston  Mer- 
cantile Library  and  all  like  members  thereof  shall  be  con- 
spicuously inscribed  in  the  hall  of  the  Galveston  free  library 
as  founders  of  the  same,  and  they  shall  at  all  times,  wher- 
ever resident,  have  all  proper  access  to  and  use  of  the  books 
of  said  free  library. 

Art.  592.  That  the  Galveston  free  library  shall  be  under 
the  control  and  supervision  of  the  committee  on  library  of  the 
board,  who  shall  make  all  necessary  rules  and  regulations  for 
the  maintenance  of  the  library.  There  is  hereby  created  the 
office  of  city  librarian,  who  shall  have  charge  of  the  library  and 
who  shall  be  appointed  at  the  time  and  in  the  manner  pre- 
scribed in  section  19  of  the  city  charter,  whose  salary  shall  be 
prescribed  by  the  board,  not  to  exceed  $900  per  annum. 

Art.  593.  The  librarian  shall  make  monthly  reports  to  the 
board  of  the  books  purchased,  the  number  of  books  lost  or 
damaged,  the  amount  recovered  for  lost  or  damaged  books,  the 
number  of  persons  who  received  books  from  the  library  and 
the*  number  of  books  issued  during  the  month;  and  on  the 
28th  day  of  February  in  each  year  make  an  annual  report 
in  the  same  manner,  and  also  report  all  other  matters,  sug- 
gestions and  recommendations  which  may  be  best  calcu- 
lated to  promote  the  success  of  the  library.  The  librarian 
shall  submit  to  the  board  a  list  of  such  books  as  may  be 
needed  from  time  to  time,  and  upon  the  approval  of  said 
committee  the  city's  purchasing  agent  will  buy  such  books,  not 
to  exceed  the  allowance  fixed  in  the  annual  budget. 

Art.  594.  Any  person  who  shall  willfully  or  maliciously 
injure,  deface  or  destroy  any  book,  paper,  map  or  other  thing 
belonging  to  the  library  shall  be  fined  in  any  sum  not  ex- 
ceeding twenty-five  dollars. 


243 


Sec.  2-8.  revised  ordinances  of  the 


FINAL  TITLE. 


Section  3.  That  all  ordinances  of  a  general  nature  in  force 
when  these  revised  ordinances  take  effect,  and  which  are 
not  included  herein,  or  which  are  not  hereby  expressly  con- 
tinued in  force,  are  hereby  repealed. 

Sec.  3.  That  the  repeal  of  any  ordinance,  or  any  por- 
tion thereof,  by  the  preceding  section,  shall  not  affect  or  impair 
any  right  or  remedy  vested  or  accrued,  or  any  proceeding,  suit 
or  prosecution  had  in  any  cause,  before  said  appeal  takes  effect. 

Sec.  4.  That  no  ordinance  relating  to  the  public  debt  or  the 
public  credit  shall  be  effected  by  the  repealing  clause  of  this 
title. 

Sec.  5.  That  no  ordinance  providing  for  the  lew  or  as- 
sessment of  any  tax,  for  any  purpose,  general  or  special,^  or 
making  any  contract,  shall  be  affected  by  the  repealing  clause 
of  this  title. 

Sec.  6.  That  the  provisions  of  these  revised  ordinances,  so 
far  as  they  are  substantially  the  same  as  the  ordinances  of 
the  city  in  force  at  the  time  these  ordinances  shall  go  into 
effect,  shall  be  construed  as  continuations  thereof,  and  not 
as  new  enactments  of  the  same. 

Sec.  7.  That  no  ordinances,  resolutions,  orders  or  other 
acts  of  the  Board  of  Commissioners  made  or  passed  since 
December  31st.,  1901,  shall  be  in  any  way  affected  by  the 
repealing  clause  of  these  Revised  Ordinances,  but  all  such  or- 
dinances, resolutions,  orders  and  other  acts  shall  continue  to 
be  of  full  force  and  effect,  anything  contained  in  these  re- 
vised ordinances  to  the  contrary  notwithstanding. 

Sec.  8.  That  these  revised  ordinances  shall  take  effect  and 
be  in  force  from  and  after  the  1st  day  of  February,  A.  D.,  1902. 


244 


CITY   OF   GALVESTON.  ART.  558-56]. 

the  west  side  of  the  street  siiall  be  numbered  "^01,  numbering 
the  houses  between  avenues  B  and  C  alternately  with  odd  and 
even  numbers ;  that,  proceeding  south  with  the  numbering  of 
the  houses,  one  hundred  shall  be  added  to  the  number  for  each 
block  going  south,  thus :  The  first  number  on  the  west  side 
commencing  at  avenue  C  shall  be  301 ;  the  first  number  on  the 
west  side  commencing  at  avenue  D  shall  be  401,  and  so  on 
south,  taking  care  to  reckon  by  blocks  and  half  numbers  of 
streets  south  of  avenue  M. 

Art.  558.  That  all  houses  in  that  portion  of  the  city  north 
of  avenue  A  to  the  channel  shall  be  numbered  on  the  streets 
running  north  to  the  channel  from  1  upwards  consecutively, 
with  the  odd  numbers  on  the  west  and  the  even  numbers  on 
the  east,  with  an  additional  prefix  of  the  word  "north"  to  the 
number,  thus:  Twenty-fifth  street.  North  15;  Thirtieth  street, 
North  30,  etc. 

Art.  559.  That  the  figures  used  shall  not  be  less  than  two 
and  one-half  inches  high,  and  the  character  of  the  work  and 
the  materials  used  therefor  must  be  such  as  to  insure  dura- 
bility. 

Art.  5()0.  It  shall  be  the  duty  of  the  city  engineer  to  see 
that  all  new  buildings  which  may  hereafter  be  erected,  or 
changes  in  the  fronts  of  buildings  already  erected,  shall  be 
supplied  with  the  number  or  numbers  to  which  they  shall  be 
entitled  under  this  ordinance  by  the  owners  thereof,  and  in  all 
such  cases  the  figures  shall  correspond  with  the  plan  or  system 
and  specifications  herein  contained. 

Art.  5G1.  That  it  shall  be  the  duty  of  each  and  every  owner 
or  agent  of  any  house  in  the  city  of  Galveston  to  number  the 
same,  or  cause  the  same  to  be  numbered,  in  accordance  with 
the  provisions  of  this  ordinance ;  and  also,  when  once  so  num- 
bered, should  the  numbers  from  any  cause  be  destroyed  or  be- 
come illegible,  to  replace  or  restore  the  same  ;  and  any  such 
person  who  shall  fail  or  neglect  to  number  his  buildings,  as 
provided  by  this  ordinance,  on  or  before  the  20th  day  of  Jan- 
uary, 1891,  or  who,  having  once  so  numbered  them  and  the 
numbers  shall  have  become  from  any  cause  illegible,  shall  fail 
to  replace  or  restore  the  same  within  ten  days  thereafter,  shall, 
in  either  event,  be  deemed  guilty  of  an  offense  and,  on  convic- 
17-  231 


Art.  562-565.      revised  ordinances  of  the 

tion  thereof  before  the  recorder,  shall  be  fined  in  any  sum  not 
less  than  two  or  more  than  ten  dollars,  and  each  day's  neglect, 
after  the  time  herein  specified  therefor,  either  to  number  the 
houses  or  to  replace  or  restore  numbers  that  have  been  des- 
troyed or  have  become  illegible,  shall  be  deemed  a  separate 
offense. 

Art.  563.  That  in  all  cases  where  there  are  in  existence 
numbers  upon  houses  not  in  conformity  with  the  plan  or  sys- 
tem in  this  ordinance  prescribed  ,  it  shall  be  the  duty  of  the 
owners  or  agents  of  such  houses  to  remove  the  same  before  or 
at  the  time  of  numbering  under  said  plan  or  system. 


TITLE  XII. 


CHAPTER  ONE. 

RULES  AND  REGULATIONS. 

Art.  563.  Any  telegraph,  telephone  or  electric  light  com- 
pany, duly  incorporated  according  to  law,  doing  business  or 
desiring  to  do  business  in  the  city  of  Galveston,  is  hereby  au- 
thorized, after  having  first  obtained  permission  of  the  board, 
to  set  its  poles,  pins,  abutments,  wires  and  other  fixtures,  along, 
and  across  any  of  the  streets  and  alleys  of  the  city,  subject  to 
the  regulations  hereinafter  provided. 

Art.  564.  Whenever,  in  the  judgment  of  the  city  engineer 
and  the  committee  on  streets  and  alleys,  the  use  of  any  alley  for 
such  purpose  is  practicable,  the  poles  of  such  company  shall 
be  placed  upon  and  along  said  alley,  instead  of  upon  and  along 
the  streets  next  adjoining  and  parallel  thereto.  Where  the 
poles  are  set  in  any  alley,  they  shall  be  located  as  near  the 
side  lines  of  the  alley  as  practicable,  and  in  such  a  manner  as 
not  to  incommode  the  public  or  the  adjoining  properties  or  res- 
idents. 

Art.  565.  The  poles  used  as  herein  provided,  shall  be  of 
sound  timber,  not  less  than  five  inches  in  diameter  at  the  upper 

232 


CITY    OF   GALVESTON,  ART.  566-568. 

end,  reasonably  straight  and  of  uniform  size.  All  poles  within 
the  fire  limits  shall  be  thoroughly  painted,  with  two  coats  of 
lead  and  oil  paint,  of  such  colors  as  may  be  directed  by  the 
committee  on  streets  and  alleys,  and  be  supplied  with  iron 
steps  commencing  twelve  feet  from  surface  of  the  ground,  and 
reaching  to  the  arms  supporting  the  wires.  Said  wires  shall  be 
run  at  a  height  of  not  less  than  twenty-five  feet  above  the  grade 
shall  be  placed  in  all  cases,  when  practicable,  on  the  outer  edge 
of  the  sidewalk,  just  inside  the  curbstone,  and  on  the  line  di- 
viding the  lots,  one  from  the  other,  and  in  no  case  to  be  so 
placed  as  to  obstruct  the  drainage  of  the  streets  or  to  interfere 
with  or  damage  in  any  way  the  curbstones  or  other  public  or 
private  property  on  the  line  of  the  street  or  alley  where  such 
poles  shall  be  erected. 

Art.  566.  Before  any  telegraph,  telephone  or  electric  ligh.t 
company  shall  erect  any  poles  upon  any  street  or  alley,  they 
shall  submit  for  approval  to  the  board  the  route  of  their  pro- 
posed line  or  lines,  stating  the  name  of  the  street  or  streets 
to  be  occupied,  or,  if  an  alley,  the  number  of  the  block,  and, 
as  far  as  practicable,  the  location  of  each  pole.  All  work  of 
excavating,  refilling  and  restoring  the  pavement  shall  be  done 
under  the  supervision  of  the  city  engineer,  and  to  his  entire 
satisfaction,  and  in  all  cases  the  pavement  shall  be  restored  as 
speedily  as  possible  and  to  the  same  condition  it  was  before. 

Art,  567.  The  right  is  hereby  reserved  to  the  board,  at 
any  time,  to  direct  any  alteration  in  the  location  of  poles,  and 
also  in  the  height  at  which  the  wires  shall  run,  but  before  such 
alteration  is  made,  at  least  five  days'  notice,  in  writing,  shall  be 
given  to  the  president  or  local  officer  in  charge  of  the  company 
affected  by  the  proposed  alteration,  and  reasonable  opportunity 
shall  be  afforded  the  representatives  of  such  company,  or  any 
citizen  interested,  to  be  heard  therein.  But  when  an}^  such 
alteration  shall  be  ordered,  the  said  company  shall,  within  five 
days  thereafter,  commence  such  alterations  and  complete  the 
same  as  soon  as  practicable  thereafter,  and  upon  failure  to  do 
so,  it  shall  be  deemed  guilty  of  misdemeanor  and  punished  as 
hereinafter  provided. 

Art.  568.  Every  telegraph,  telephone  or  electric  light 
company,  doing  business  in  this  city,  shall  keep  on  deposit  with 

233 


Art.  569-573.      revised  ordinances  of  the 

the  city  treasurer  the  sum  of  fifty  dollars,  subject  to  the  order 
of  the  city  engineer,  to  be  used  by  him  in  restoring  any  side- 
walk, gutter,  street  or  alley  pavement  displaced  or  injured  in 
the  erection,  alteration  or  removal  of  any  pole  of  such  com- 
pany, when  said  company  refuses  or  fails  to  make  such  resto- 
ration to  the  satisfaction  of  the  committee  on  streets  and  al- 
leys. Any  company  failing  to  make  such  deposit  within  thirty 
days  after  the  passage  of  this  ordinance,  or  within  five  days 
after  commencing  business,  if  a  new  company,  or  which  shall 
fail  to  make  good  the  amount  when  any  portion  of  it  has  been 
expended,  as  herein  provided,  within  five  days  after  notice  so 
to  do  has  been  sent  by  the  city  engineer,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  punished  as  hereinafter  provided. 

Art.  569.  Any  telegraph,  telephone  or  electric  light  com- 
pany, doing  business  in  the  city  of  Galveston,  or  any  president, 
manager,  superintendent  or  local  officer  in  charge  thereof,  who 
shall  violate  or  fail  to  comply  with  any  of  the  provisions  of  this 
chapter,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  ofTense. 

Art.  570.  Any  company  erecting  poles  under  the  provis- 
ions of  this  ordinance  shall,  before  obtaining  a  permit  therefor, 
file  an  agreement  in  the  office  of  the  secretary,  permitting  the 
city  of  Galveston  to  occupy  and  use  the  top  cross-arm  of  any 
pole  erected,  or  which  is  now  erected  for  the  use  of  said  city  for 
fire,  police  or  municipal  telegraph  purposes  free  of  charge. 

Art.  571.  Nothing  contained  in  this  ordinance  shall  be  so 
construed  as  to  in  any  manner  afifect  the  right  of  the  city,  in 
the  future,  to  prescribe  any  other  mode  of  conducting  such 
wires  over  or  under  its  thoroughfares. 

Art.  572.  Every  telegraph,  telephone  or  electric  light 
company,  doing  business  in  this  city,  shall,  within  twenty  days 
after  the  passage  of  this  ordinance,  file  with  the  city  secretary, 
its  acceptance,  in  writing,  of  so  much  of  this  ordinance  as  re- 
lates to  the  use  by  the  city  of  the  top  cross-arms  of  the  poles. 

Art.  573.  That  it  shall  be  unlawful  for  any  person  to  post, 
tack,  paste  or  attach  any  bill,  sign,  card,  poster,  notice  or  ad- 
vertisement of  any  kind  on  or  to  a  telegraph,  telephone  or  fire 
alarm  pole,  or  in  any  manner  injure  or  deface  the  same  within 

234 


CITY   OF   GALVESTON.  ART.  574-575. 

the  limits  of  the  city  of  Galveston,  and  any  person  who  shall 
violate  any  of  the  provisions  of  this  article  shall  be  fined  in  the 
sum  of  not  more  than  ten  dollars  for  each  and  every  offense. 
And  the  injuring  or  defacing  of  each  and  every  pole  in  any  of 
the  modes  described  in  the  preceding  article  shall  constitute  a 
separate  ofifense. 

Art.  57-1.  It  shall  be  unlawful  for  any  telegraph,  telephone, 
electric  light  or  power  company,  or  any  person  or  corporation, 
to  construct,  maintain  or  operate  any  wire  or  wires  at  a  less 
distance  than  three  (3)  feet  from  the  wire  or  wires  of  the  city's 
fire  alarm  telegraph  or  electric  light  plants ;  provided,  how- 
ever, that  whenever  the  city  shall  use  the  top  cross-arm  on  any 
pole  belonging  to  any  telegraph,  telephone,  electric  light  or 
power  company  for  fire,  police  or  municipal  purposes,  under 
the  provisions  of  article  5(38  of  the  Revised  Ordinances,  the 
wires  and  cross-arms  on  the  pole  so  used  may  be  placed  at  not 
less  than  eighteen  (18)  inches  apart.  Any  person  or  any  agent, 
officer  or  servant  of  any  corporation,  violating  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof  before  the  re- 
corder's court,  be  fined  not  less  than  ten  dollars  nor  more  than 
fiftv  dollars,  at  the  discretion  of  the  court. 


TITLE  XIII. 


CHAPTER  ONE. 

RULES    AND    REGULATIONS. 

Art.  575.  It  shall  not  be  lawful  for  any  person,  except  the 
Superintendent  of  the  Water  Works,  his  assistant  or  an  in- 
spector under  his  charge,  to  take  any  water  from  any  public 
hydrant,  plug,  street  washer,  draw-cock,  hose  or  pipe,  except 
for  fire  purposes  or  as  may  be  specially  authorized  or  per- 
mitted by  the  Board  of  Water  Commissioners  ;  nor  in  any  way 
to  use  or  take  any  city  water  for  private  use,  for  which  the 

235 


Art.  576-578.      revised  ordinances  or  the 

water  rates  have  not  first  been  duly  paid  and  a  receipt  for 
said  payment  or  a  written  permit  from  the  Secretary  of  the 
Water  Works  has  first  been  obtained.  Any  person  violating 
any  of  the  provisions  of  this  article  shall,  upon  conviction 
thereof,  be  punished  as  hereinafter  provided. 

Art.  576.  It  shall  not  be  lawful  for  any  person,  except  as 
provided  in  article  1  of  this  ordinance,  to  open  any  city  fire 
hydrant  or  to  open,  remove,  or  obstruct  any  city  stop-cock  or 
cover,  nor  to  open,  obstruct,  or  in  any  way  interfere  with  any 
private  hydrant,  street  washer,  pipe  or  valve,  except  the  owner 
or  his  attendant  of  such  private  hydrant,  street  washer,  pipe 
or  valve,  nor  to  place  or  deposit  dirt  or  other  material  in  any 
public  or  private  stop-cock  boxes,  or  to  commit  any  act  tend- 
ing to  obstruct  the  use  thereof,  nor  in  any  way  to  injure  any 
buildings,  material,  pipe,  apparatus,  tools  or  fixtures  of  said 
City  Water  Works.  Any  person  violating  any  of  the  provis- 
ions of  this  article  shall,  upon  conviction  thereof,  be  punished 
as  hereinafter  provided. 

Art.  577.  It  shall  not  be  lawful  for  any  person  whose  water 
service  shall  have  been  turned  off  by  the  officers  of  the  City 
Water  Works,  to  reopen  or  turn  on  such  water,  or  to  direct  or 
permit  the  same  to  be  done,  unless  the  same  shall  be  reopened 
or  turned  on  by  the  Superintendent  of  the  Board  of  Water 
Works,  or  by  some  person  under  his  charge  or  direction.  Any 
person  violating  any  of  the  provisions  of  this  article  shall, 
upon  conviction  thereof,  be  punished  as  hereinafter  provided. 

Art.  578.  It  shall  not  be  lawful  for  any  water-taker  to 
permit  or  allow  the  water  to  be  used  for  any  other  purpose 
than  that  named  in  the  assessments  upon  which  payment  for 
water  rent  is  based ;  nor  shall  it  be  lawful  for  any  person  to  use 
the  water  for  sprinkling  gardens,  streets  or  sidewalks  or  wash- 
ing carriages,  omnibuses,  cars  or  other  vehicles,  unless  as- 
sessments for  payments  have  been  made  for  such  purposes; 
nor  shall  it  be  lawful  for  any  water  taker  to  permit  leaks  on 
his,  her  or  their  private  water  pipes  or  fixtures,  or  allow  the 
water  to  flow  in  an  unnecessary  or  wasteful  manner,  if  paid 
on  the  basis  of  specific  rates;  nor  shall  it  be  lawful  for  any 
person  to  hitch  a  horse  or  other  animal  to  any  fire  hydrant, 
nor  to  any  other  hydrant  or  pipe,  either  public  or  private,  con- 

236 


CITY   OF   GALVESTON.  AET,  579-580. 

nected  with  or  belong-iiig  to  the  water  works  system  hi  the 
city  of  Galveston  ;  or  to  break,  injure  or  deface  in  any  manner, 
or  remove  any  part  of  any  public  hydrant  connected  with  the 
water  works  system,  or  to  cause  any  unnecessary  waste  of 
water  from  same.  Any  person  violating  any  of  the  provisions 
of  this  section  shall,  upon  conviction  thereof  before  the  re- 
corder of  this  city,  be  fined  in  the  sum  of  ten  dollars. 

CHAPTER  TWO. 

PLUMBERS. 

Art.  579.  Any  plumber  wishing  to  do  business  or  obtain 
permission  to  make  attachments  or  connections,  enter  hy- 
drants or  do  any  plumbing-  in  connection  with  the  water  works, 
sewers  or  system  of  sewerage,  of  the  city  of  Galveston  shall 
before  receiving  such  permission  make  his  petition  in  writing 
to  the  board  of  commissioners,  giving  the  name  of  the  firm,  if 
any,  and  its  component  members  and  place  of  business  and 
asking  to  become  a  plumber  in  connection  with  said  water 
works  and  sewerage  system,  stating  his  willingness  and  agree- 
ment to  abide  and  be  governed  by  all  and  singular  the  rules, 
regulations  and  requirements  prescribed  by  the  Charter  or 
by  the  board  of  commissioners  or  under  its  authority  touching 
or  concerning  said  water  works  and  sewerage  system  and  all 
penalties  and  conditions  that  have  been  or  may  from  time  to 
time  be  established  and  prescribed  by  said  board  or  under  its 
authorit}'. 

Art.  580.  Every  plumber  applying  for  such  license  must 
be  a  resident  of  Galveston  and  satisfy  the  board  of  commis- 
sioners that  he  is  thoroughh^  competent  and  qualified  for  the 
plumbing  business ;  that  he  is  of  good  reputation  and  in  every 
way  qualified  to  receive  a  license.  If  his  petition  for  license 
be  granted,  he  shall  at  or  before  the  time  of  receiving  such 
license  (which  shall  be  signed  by  the  president  and  attested 
by  the  secretary),  execute  and  deposit  with  the  secretary  a 
bond  with  two  or  more  sureties,  to  be  approved  by  the  presi- 
dent and  by  the  water  works  and  sewerage  commissioner  and 
by  the  commissioner  of  finance  and  revenue,  in  the  sum  of 
$1,000,  conditioned  that  he  will  indemnify  the  city  of  Galveston 
against  any  loss  or  damage  by  reason  of  accident,  neglect  or 

237 


Art.  581-583.      kevised  ordinances  of  the 

any  skillfullness  in  the  performance  of  any  work  contemplated 
within  the  terms  of  his  license,  and  pay  all  fines  that  may  be 
imposed  upon  him  by  the  board  or  under  its  authority. 

Art.  581.  For  violation  of  any  law,  ordinance,  rule  or  regu- 
lation relative  to  the  water  works  and  sewerage  system  of  the 
city,  the  water  works  and  sewerage  commissioner  may  sus- 
pend the  license  of  any  plumber  and  his  authority  to  do  busi- 
ness thereunder  until  the  matter  is  reported  to  and  acted  upon 
by  the  board  of  commissioners,  which  may,  in  its  discretion, 
punish  such  violation  by  fine  or  by  revocation  and  cancella- 
tion of  such  license,  or  both  ;  and  no  plumber  shall  be  author- 
ized to  do  any  work  under  his  license  while  any  such  fine  shall 
remain  unpaid. 

Art.  582.  All  laws,  rules  and  regulations  for  the  manage- 
ment, operation  and  protection  of  the  waterworks  and  sewer- 
age system  of  the  city  of  Galveston  which  were  in  force  on 
September  19th,  1901,  and  which  have  not  by  the  charter  of 
the  city  or  by  ordinance  or  resolution  of  the  board  of  commis- 
sioners been  superseded,  modified  or  repealed,  shall  stand  and 
be  continued  in  force  from  and  after  said  19th  day  of  Septem- 
ber, 1901,  until  otherwise  ordered  by  the  board  of  commis- 
sioners. 

Art.  583.  It  shall  not  be  lawful  for  anyone,  except  a  li- 
censed plumber  or  as  hereinafter  provided,  to  make  any  sewer 
connections,  to  put  an  installation  of  city  water  on  any  pri- 
vate premises,  nor  to  make  any  additions  or  alterations  what- 
ever to  or  on  any  tap  pipe,  water  pipe,  water-cock  or  other 
fixture  through  which  city  water  is  taken,  or  sewer  connections 
are  made.  Steam  plants,  employing  licensed  engineers,  may 
be  excused  from  the  operation  of  this  article,  provided  they 
first  obtain  the  permission  of  the  board  of  water  commission- 
ers, which  the  said  board  may  grant  or  refuse  or  withdraw  at 
any  time  as  it  may  deem  advisable ;  all  installations  of  city 
water,  and  sewerage  connections,  and  any  changes,  alterations, 
or  additions,  must  be  reported  by  the  licensed  plumbers,  or  by 
the  licensed  engineers,  working  under  the  permission  of  the 
board,  at  the  Water  Works  office,  not  later  than  the  next  day 
after  the  work  has  been  done.    Any  person  violating  any  of  the 


238 


CITY   OF   GALVESTON,  ArT,  584-587. 

provisions  of  this  article  shall,  upon  conviction  thereof,  be 
punished  as  hereinafter  provided. 

Art.  584.  It  shall  not  be  lawful  for  any  person,  except  the 
officers  of  the  city  water  works,  or  under  their  orders  or 
directions,  to  remove  any  water  meter  or  elevator  indicator,  or 
to  in  any  way  interfere  with  such  meters  or  indicators ;  and 
any  person  havinc^  charge  of  such  meters  or  indicators  who 
shall  allow  or  suffer  the  same  to  be  taken  off  or  to  be  inter- 
fered with,  except  as  stated,  shall,  upon  conviction  thereof, 
be  punished  as  hereinafter  provided. 

Art.  585.  It  shall  not  be  lawful  for  any  person  to  in  any 
manner  obstruct  the  access  to  any  fire  hydrant  or  public  stop- 
cock belonging-  to  the  said  city  water  works.  Any  person 
found  guilty  of  violating  any  of  the  provisions  of  this  ordi- 
nance hereinbefore  set  forth  shall,  vipon  conviction  thereof  be- 
fore the  recorder  of  this  city,  be  fined  in  the  sum  of  ten  dollars 
($10). 

CHAPTER  THREE. 

SEWER    REGULATIONS. 

Art.  586.  That  every  owner,  tenant  or  occupant  of  any 
property  or  premises  located  upon  or  near  any  street  or  alley 
or  upon  any  lot  abutting  on  any  street  or  alley  along  which 
extends  any  sewer  or  system  of  sewerage  owned  or  controlled 
or  constructed  or  authorized  to  be  constructed  by  the  city, 
is  hereby  required  at  his  own  expense  to  connect  with  such 
sewer  or  system  of  sewerage,  all  water  closets,  sinks  and  drains 
upon  their  respective  property  or  premises  so  that  their  con- 
tents may  be  made  to  empty  into  such  sewers  or  system  of 
sewerage  and  to  maintain  and  keep  open  and  use  such  connec- 
tions and  to  observe  all  rules  and  regulations  concerning  the 
same  now  of  force  or  hereafter  adopted  for  the  management 
of  the  water  works  and  sewerage  systems. 

Art.  587.  That  any  owner,  agent,  tenant  or  occupant  of 
any  property  or  premises  located  upon  or  near  any  street  or 
alley  or  upon  any  lot  abutting  on  any  street  or  alley,  along 
which  extends  any  sewer  or  system  of  sewerage  owned  or 
controlled  or  constructed  or  authorized  to  be  constructed  by 
the  city,  who  shall  construct,  keep,  maintain,  use  or  permit 
18-  239 


Art.  588,  revised  ordinances  of  the 

to  be  used,  on  such  property  or  premises  any  water  closet, 
sink,  drain  or  other  receptacle  of  sewerage,  unless  the  same  is 
duly  connected  with  such  sewers  or  system  of  sewerage  so  as 
that  its  contents  are  made  to  empty  into  such  sewer  or  system 
of  sewerage,  shall  be  punished  by  a  fine  of  not  less  than  $5  nor 
more  than  $25  for  each  such  offense,  and  each  day  that  such 
water  closet,  sink  or  drain  is  so  kept,  maintained,  used  or 
l)ermitted  to  be  used  shall  constitute  a  separate  offense.  Any 
person  who  shall  knowingly  break,  injure  or  in  any  way  impair 
or  obstruct  any  pipe,  conduit,  lateral,  sewer,  trap,  valve,  man- 
hole or  other  part  of  appliance  whatever  of  the  system  of  sew- 
erage owned  or  controlled  or  constructed  or  authorized  to  be 
constructed  by  the  city,  or  who  shall  willfully  place  or  allow 
to  flow  or  escape  therein  any  trash,  waste  material,  grease, 
storm  water  or  other  article,  fluid,  thing  or  substance  of  any 
kind  that  is  liable  to  obstruct  such  pipes,  conduits,  laterals, 
sewers,  traps,  valves  or  other  part  of  appliance  of  such  sewer 
or  system  of  sewerage,  shall  be  punished  by  a  fine  of  not  less 
than  $10  nor  more  than  $100  for  each  and  every  offense,  and 
each  day  that  any  such  obstruction  shall  continue  shall  consti- 
tute a  separate  offense.  Any  person  who  shall  willfully  violate 
any  other  rule  or  regulation  adopted  by  the  board  of  commis- 
sioners for  the  management  of  the  water  works  and  sewerage 
systems  shall  be  punished  by  a  fine  of  not  more  than  $50. 

Art.  588.  That  all  such  connections  with  such  sewers  and 
sewerage  systems  shall  be  constructed,  made,  maintained  and 
used  in  mode  and  manner  as  prescribed  from  time  to  time  by 
rules  and  regulations  adopted  by  the  board  of  commissioners 
with  reference  thereto,  and  the  owner,  tenant  and  occupant 
of  the  premises  or  property  so  connected  shall  pay  quarterly 
in  advance  the  rates  and  tolls  prescribed  for  such  sewer  service 
in  the  schedule  of  sewer  rates  and  tolls  made  and  established 
by  said  board ;  and  if  the  owner  or  occupant  or  tenant  of  any 
such  premises  shall  violate  any  provision  of  this  section,  or 
any  rule  or  regulation  adopted  by  said  board  relative  to  sewers 
or  sewerage,  the  superintendent  of  water  works  shall  cut  off 
the  connection  of  such  property  or  premises  from  the  sewers 
or  system  of  sewerage  and  not  permit  such  connection  to  be 
reopened  until  such  provision,  rule  or  regulation  is  complied 

240 


CITY  OF   GALVESTON.  ART.  589-590. 

with  and  until  all  arrearages  of  rates  or  tolls  shall  have  been 
paid  and  also  such  charges  as  may  be  fixed  in  the  rules  and  reg- 
ulations for  making,  cutting  off  and  reopening  such  connec- 
tions. 

Art.  589.  That  the  ordinance  concerning  sewers  and  sew- 
erage systems,  providing  for  the  operation  and  maintenance 
thereof,  requiring  connections  to  be  made  therewith  and  affix.- 
ing  penalties  for  its  violation,  passed  April  15,  1901,  and  the 
amendment  of  section  3  of  said  ordinance,  approved  ^lay  21, 
1901,  be  and  the  same  are  hereby  repealed. 

Passed  November  12,  1901. 

Art.  590.  When  any.  sewer  connections  or  laterals  have 
been  completed  in  any  street  or  alley  for  the  receiving  of  house 
sewerage,  or  if  alread}'  completed,  in  either  case,  then  the 
owner,  tenants  and  occupants  of  the  building  or  buildings  on 
lots  abutting  thereon  shall  at  once  connect  all  water  closets 
on  said  premises  with  the  sewers  or  sewerage  system,  after 
having  procured  a  permit  from  the  Commissioner  of  Water- 
works and  Sewerage,  subject  to  whose  approval,  supervision 
and  control  the  work  shall  be  done. 

The  rates  and  charges  for  sewer  service  shall  be  as  follows 
until  otherwise  ordered  by  the  Board : 

1.  For  each  hotel  and  factory  and  restaurant: 

First  three  closets,  $1.50  per  month  each;  all  additional 
closets  75  cents  each  per  month ;  for  connecting  slop-hoppers, 
75  cents  addition  per  month  each. 

2.  For  stores,  warehouses,  offices,  saloons  and  bar-rooms : 
The  first  closet  $1.50  per  month;  second  closet,  $1.00  per 

month  ;  all  additional  closets,  50  cents  per  month  each. 

3.  For  all  public  buildings  other  than  city  buildings,  public 
school  buildings  and  engine  houses : 

The  first  three  closets,  $2.00  per  month  each;  all  addi- 
tional closets,  $1.50  per  month  each. 

■i.  For  each  boarding  house : 

The  first  two  closets,  $1.25  per  month  each;  all  additional 
•  closets  75  cents  per  month  each  :  for  connecting  slop-hoppers 
with     sewer,  50  cents  per  month  each  additional. 

5.  For  each  private  residence  or  cottage : 

241 


Art.  591.  revised  ordinances  of  the 

The  first  closet,  $1.00  per  month;  all  additional  closets  50 
cents  per  month  each  ;  for  connecting  slop-hoppers  with  sewer, 
50  cents  per  month  each. 

6.  For  each  livery  stable: 

The  first  closet,  $1.50  per  month;  second  closet,  $1.00  per 
month;  for  carrying  ofif  waste  water  and  urine  from  horses, 
^1.00  per  month. 

All  other  buildings  not  mentioned  in  this  schedule  will  be 
charged  in  proportion,  property  owners  paying  for  all  hop- 
pers, traps  and  pipe  connections  from  the  sewer  line  into 
their  premises,  but  all  plumbing  and  connections  of  every 
kind  shall  be  subject  to  the  supervision,  control  and  approval 
of  said  Commissioner  of  Waterworks  and  Sewerage,  or  of 
the  person  designated  by  him.  And  for  all  places  other  than 
those  above  described,  such,  rates  shall  be  paid  as  may  be  fixed 
by  said  Board  of  Commissioners. 

Third :  That  all  connections  for  sewerage  service  between 
laterals  or  sewers  will  be  constructed  by  the  city  or  under 
its  authority  from  such  lateral  or  sewer  to  the  property  line 
of  the  lot  whereon  are  situated  the  premises  to  be  served,  but 
the  person  for  whom  such  connections  are  contracted  shall 
pay  the  Waterworks  and  Sewerage  Department  five  dollars 
for  constructing  each  such  connection. 

November  12,  1901. 


TITLE  XIV. 


CHAPTER  ONE. 

RULES    AND    REGULATIONS. 

Art.  591.  The  gift  to  the  city  of  Galveston  by  the  Gal- 
veston Chamber  of  Commerce  of  the  collection  known  as  the 
"Galveston  Mercantile  Library,"  is  hereby  accepted,  and  the 
same  is  established  as  a  free  public  library,  for  the  use  of  all 

242 


CITY   OF   GALVESTON.  ArT.  592-594. 

citizens  and  residents  of  Galveston  forever ;  and  the  names  of 
all  subscribers  to  the  library  fund  for  said  Galveston  Mer- 
cantile Library  and  all  like  members  thereof  shall  be  con- 
spicuously inscribed  in  the  hall  of  the  Galveston  free  library 
as  founders  of  the  same,  and  they  shall  at  all  times,  wher- 
ever resident,  have  all  proper  access  to  and  use  of  the  books 
of  said  free  library. 

Art.  592.  That  the  Galveston  free  library  shall  be  under 
the  control  and  supervision  of  the  committee  on  library  of  the 
board,  who  shall  make  all  necessary  rules  and  regulations  for 
the  maintenance  of  the  library.  There  is  hereby  created  the 
office  of  city  librarian,  who  shall  have  charge  of  the  library  and 
who  shall  be  appointed  at  the  time  and  in  the  manner  pre- 
scribed in  section  19  of  the  city  charter,  whose  salary  shall  1)e 
prescribed  by  the  board,  not  to  exceed  $900  per  annum. 

Art.  593.  The  librarian  shall  make  monthly  reports  to  the 
board  of  the  books  purchased,  the  number  of  books  lost  or 
damaged,  the  amount  recovered  for  lost  or  damaged  books,  the 
number  of  persons  who  received  books  from  the  library  and 
the  number  of  books  issued  during  the  month;  and  on  the 
28th  day  of  February  in  each  year  make  an  annual  report 
in  the  same  manner,  and  also  report  all  other  matters,  sug- 
gestions and  recommendations  which  may  be  best  calcu- 
lated to  promote  the  success  of  the  library.  The  librarian 
shall  submit  to  the  board  a  list  of  such  books  as  may  be 
needed  from  time  to  time,  and  upon  the  approval  of  said 
committee  the  city's  purchasing  agent  will  buy  such  books,  not 
to  exceed  the  allowance  fixed  in  the  annual  budget. 

Art.  594.  Any  person  who  shall  willfully  or  maliciously 
injure,  deface  or  destroy  any  book,  paper,  map  or  other  thing 
belonging  to  the  library  shall  be  fined  in  any  sum  not  ex- 
ceeding twenty-five  dollars. 


243 


Sec.  2-8.  revised  ordinances  of  the 


FINAL  TITLE. 


Section  2.  That  all  ordinances  of  a  general  nature  in  force 
when  these  revised  ordinances  take  effect,  and  which  are 
not  included  herein,  or  which  are  not  hereby  expressly  con- 
tinued in  force,  are  hereby  repealed. 

Sec.  3.  That  the  repeal  of  any  ordinance,  or  any  por- 
tion thereof,  by  the  preceding  section,  shall  not  affect  or  impair 
any  right  or  remedy  vested  or  accrued,  or  any  proceeding,  suit 
or  prosecution  had  in  any  cause,  before  said  appeal  takes  effect. 

Sec.  4.  That  no  ordinance  relating  to  the  public  debt  or  the 
public  credit  shall  be  effected  by  the  repealing  clause  of  this 
title. 

Sec.  5.  That  no  ordinance  providing  for  the  levy  or  as- 
sessment of  any  tax,  for  any  purpose,  general  or  special,  or 
making  any  contract,  shall  be  affected  by  the  repealing  clause 
of  this  title. 

Sec.  6.  That  the  provisions  of  these  revised  ordinances,  so 
far  as  they  are  substantially  the  same  as  the  ordinances  of 
the  city  in  force  at  the  time  these  ordinances  shall  go  into 
effect,  shall  be  construed  as  continuations  thereof,  and  not 
as  new  enactments  of  the  same. 

Sec.  7.  That  no  ordinances,  resolutions,  orders  or  other 
acts  of  the  Board  of  Commissioners  made  or  passed  since 
December  31st.,  1901,  shall  be  in  any  way  affected  by  the 
repealing  clause  of  these  Revised  Ordinances,  but  all  such  or- 
dinances, resolutions,  orders  and  other  acts  shall  continue  to 
be  of  full  force  and  effect,  anything  contained  in  these  re- 
vised ordinances  to  the  contrary  notwithstanding. 

Sec.  8.  That  these  revised  ordinances  shall  take  effect  and 
be  in  force  from  and  after  the  1st  day  of  February,  A.  D.,  1902. 


244 


INDEX  TO  REVISED  ORDINANCES. 


Animals—                                                            •     '  %     jry'  Art. 

Kunning  at  large  prohibib^  .    .      li  ■    ■    •^^({•JiJ^^-    /I-    •    •    ■  362 

May  be  impounded  .    .//(/..    -/J /»  • //^  •'  ■•••/'..  362 

Fees  for  impounding    ./.    -/Q-    -rTlAr \^  .  j^^^.  363 

Eedemption  of  animals  L^[!x|K\;l ». ^^^<^<^.    .    .  364 

May  be  killed,  when  fy'^ ^^^,.c^ 365 

Milch  cows  and  horses,  driving  ....    •.^^<"^ 366 

Swine  and  goats .^,-< 367 

Penalties  for  keeping   .        .  ^,,,'<<^ 368,369 

Driving  cattle  and  beeves,  regulating 370 

Prevention  of  cruelty  to 374 

Penalties  for  cruelty  to 375,  376 

Aems — 

Unlawful  carrying 381 

Exemptions 382 

Penalty  for  carrying 383 

Recorder  to  try  violators 383 

Assessments,  Special— 

Filling  low  and  filthy  spots 179 

Cost  of  same,  how  assessed 180 

Mode  of  condemnation 180 

Balls,  Public — 

Regulations  concerning 355,  356,357 

Baebed  Wire  Fences — 

Unlawful  to  construct 394 

Limits  within 395 

Penalties 396 

Babrooms — 

Opening  and  closing 358 

Bathing — 

Regulations  concerning 359,360,361 

Beach — 

Sand,  removal  prohibited 489,  490 

Avenue,  public 492 

Streets,  ordinances,  apply  to -    ■       492 

19a 


XViii  INDEX   TO   REVISED   OEDINANCES. 

Bonds—  Art. 

Official '^-^ 

Buildings — 

Koofs,  outside  fire  limits  .       238 

Wooden  prohibited  in  fire  limits 240 

May  be  repaired  in  fire  limits,  how 239 

Damage  by  fire  may  be  repaired,  how 244 

Dilapidated  may  be  condemned,  how 241 

Dangerous  may  be  condemned,  how 243 

Duties  of  builders  before  commencing  to  build 247 

Unlawful  to  build  without  a  permit 250 

Permit  to  build  shall  contain  uhat 250 

Penalties  for  building  without  a  permit 250 

Regnlating  construction  of  awnings 264,265 

Cemeteries — 

City  cemetery,  what  constitutes. 33 

Lake  View,  what  constitutes 34 

Lake  View,  size  of  lots,  price  of 35 

Map  and  survey,  how  made 36 

Lots,  how  sold 37 

Deed,  form  of 38 

Fees  lor  deed 38 

Record  of  sales,  how  kept 38 

Lots  in  city  cemetery,  how  sold 39 

Proceeds  of  lots,  cemetery  fund 40 

Graves  in,  how  prepared 41 

Sexton,  compensation,  how  fixed 41 

Paupers 42 

Committee  on,  examination  and  report 43 

Burials,  register  of 44 

Burials  to  be  registered 45 

Register  to  be  kept,  where 46 

Sexton,  oath  of 47 

Sexton,  duties  of      48 

Certificate  of  death  required 48 

Burial  outside  city,  certificate 49 

Penalty  for  burial  without  certificate 50 

Certificate,  refusal  to  famish 51 

Householders,  duties  of 51 

Physician  attending  duties  of 61 

Sexton,  weekly  report  of  burials 52 

Lots,  sexton  to  keep  record  of 52 

Health  physician,  duties  of 53 

Mortuary  lists,  to  be  published 53 

Disinterment  of  bodies,  regulated 54 

Interment  of  bodies  in  vaults,  regulated 55 


INDEX   TO   KEVISED   ORDINANCES.  XIX 

Cemeteries — Continued.  Aet. 

Disinterment  prohibited  in  cases  of  contagion  or  pestilence   .    .    .  ^iQ 

Sexton,  disinterment  withont  consent 57 

Sexton  to  prepare  graves 56 

Injury  to  tombstones,  etc.,  penalty 59 

Sexton,  duties,  records,  reports 60 

Chief  of  Police— 

Substitutes,  shall  appoint 321 

May  suspend  policeman 322 

Appointment,  salary,  bond 1,  7 

Jury  fees,  shall  pay 340 

Smoking  ordinance,  shall  enforce 266 

Costs  in  recorder's  court 842,  343 

Shall  enforce  judgments  in 345 

Public  balls,  duties  in  regard  to 356 

Dogs,  duties  in  regard  to 378 

Obstructions  in  streets,  shall  remove 479 

Collector,  City — 

Vehicle  liceu.ses,  shall  collect 528 

Licenses,  shall  issue 528 

Numbers,  shall  prepare  and  issue  ...            528 

Duties  as  to  licenses 547 

Notification  to  chief  of  police. 548 

Numbers  for  vehicles.  .        534,  535 

CONDEM^fATION   OF   GROUND   FOR  STREET — 

Board,  duties  in  relation  to 524 

Commissioners,  how  appointed 525 

Damages  for,  how  estimated 526 

Appeal  provided  for 626 

Costs — 

Recorder's  Court 342 

Dogs — 

Licenses 378 

Killed,  may  be 378 

President's  duties 379 

Biting,  shall  be  killed 380 

Engineer,  City — 

Specifications  for  repairs  in  fire  limits 235 

Grade  of  lots,  shall  certify  to 247 

Book  of  registration,  shall  keep 247 

Lake  View  cemetery,  shall  lay  off  and  plat 35,  36 

Railroads,  duties  concerning 425 


XX  INDEX   TO   REVISED   ORDINANCES. 

Engineer,  City — Continued.  Art. 

Grades  of  railroads,  shall  give 4'2*j 

Paving,  railroads,  estiiiKites,  shall  make 433 

Sapervisiou  over  railronds 435 

Expenses,  railroads,  dulies 436 

Appointment,  bond,  salary,  qualification        1,9 

Monuments,  shall  establisli  and  ascertain 458 

Books  of  record,  shall  procure. 460 

JSIeasuring  rods,  property,  eti- 460 

Deputy,  power  to  appoint   ....            .    .                460 

Surveys,  shall  make  .  .            461 

Fees,  may  charge 462 

Levels,  shall  run 463 

Grades,  shall  give  and  mark 464 

Bench  marks,  shall  establish 464 

Meetings  of  council,  shall  attend 465 

Work  on  streets,  shall  supervise 466 

Contracts,  shall  supervise  and  report 467 

Railroads,  shall  supervise  const  ruction 467 

Laborers  and  workmen,  shall  employ 468 

Payroll,  shall  make  and  report         ...  468 

Material,  shall  inspect,  receive  and  measure 468 

Shall  not  be  interested  in  contracts 469 

Grade  of  alleys,  shall  establish 476 

Duties  m  re.  underground  drains .        .    .            .    .  487 

Pavement,  may  grant  permit  to  lemove 497 

Fees  in  removal  of  pavements 497 

Chief  of  Fiee  Department — 

Appointment  of,  bond,  .salary    .    .            .    .        1,  8 

Duties  of 231 

Shall  make  inspection  and  report  to  council 231 

Duties  in  repairs  in  fire  limits       239 

Supervise  improvements  in  fire  limits 239 

Shall  enforce  fire  ordinances 245 

Shall  inspect  buildings,  fluds  and  chimneys 245 

May  enter  buildings  ft. r  purjio-'^es  of  inspection 245 

Shall  enforce  fire  ordinances .'....  245 

Duties  in  regard  to  petrohnm 274 

Ex  PECTOR  ATION — 

Regulating 41 7 

Fences,  Division— 

Construction  of,  regulating ;}91,3y2 

Penalties 392 

Fences — 

(See  barbed  wire  fences) >J94   396 


INDEX   TO   REVISED   ORDINANCES.  XXI 

FiBE  Escapes—  Aet. 

Providing  for 293 

Requirements,  substance 294 

Chief  of  fire  department,  duties 295 

Penalties 296 

Erection  of  buildings 297 

Fires,  Prevention  and  Extinguishment — 

Alarm,  how  given .    .  251 

False  alarm,  penalty 251a 

Hatchways,  to  be  closed 252 

Counterfeiting  signal  box  keys 253 

Combustible  material 255 

Gun,  pistol  discharging 256 

Yards,  fire  in  prohibited  . 258 

Coals  and  brands,  carrying 257 

Chimneys,  flues,  stoves,  regulated 259,  260 

Powder,  regulations 263 

Smoking  pipes,  cigars,  etc 266,  267 

Obstructing  streets  during  fire 268 

Fire  "Warden — 

Underwriter's  Inspector,  shall  be         


Fire  Alarm  Telegraph — 

False  alarm,  penalty 251a,  252 

Signal  boxes,  counterfeiting 253 

Signal  box,  etc.,  tampering  with 254 

Fire  Crackers  and  Fire  Works — 

Penalty  for  discharging   . 256 

Fire  Department — 

Organization  of 220 

Members  of,  appointment,  qualifications,  removal,  suspension  .    .  221 

Chief,  duties  of 221 

Tools  and  property,  taking,  punished 222 

Kacing  prohibited 223 

Drivers'  duties 224,  225 

Rules  and  regulations,  companies  must  have 226 

Purchases  prohibited 227 

Hose,  driving  over,  prohibited 228 

Horses,  exercise  of 229 

Liquor  prohibited 229 

Steam,  maximum  of 229 

Duties  of  officers  at  fires 230 

Inspection  by  engineers,  and  report 231 

Register,  city  clerk  to  keep 232 

Post  of  chief,  at  fires 233 

Hose,  penalty  for  running  over          228 


XXii  INDEX  TO  REVISED  ORDINANCES. 

FiEE  Limits —  Aet. 

Boundaries  of '234 

Houses  in,  raised  for  sanitary  purposes. 235 

Specifications,  city  engineer  to  make ...  235 

Buildings  and  repairs  in,  regulated 235 

Buildings,  removal  of,  in,  regulated 236,  237 

Buildings  in,  walls  and  roofs 238 

Roofs,  outside  fire  limits 239 

Damages  by  fire,  repairs  regulated 240 

Dilapidated  buildings,  condemnation  and  removal  of 241 

Dangerous  buildings,  condemned,  how 243 

Plank  sidewalks  in,  prohibited 246 

Permits  to  build  in,  required 247 

Lots  to  be  graded 246 

City  engineer,  certificate 246 

Cotton  samples,  buildings  where  kept 248 

Privies  in,  how  constructed 203 

Fish — 

Regulating  sale  of 307 

Lobsters,  to  plant  and  care  for 415 

Regulating  the  catching  of 415 

Food — 

Unwholesome,  selling,  punished .    .  184 

Selling  tainted  meats 184 

Police  and  health  inspectors,  duties  of 184 

Gambling  — 

Playing  cards 397 

Public  place,  defined 398 

Proof  of  betting  unnecessary ....  399 

Owners  of  house 401 

Renting  house  or  room 402 

Witnesses  must  attend 403 

Witness  not  liable 403 

Geain  Cabs,  Whaef — 

Persons  loitering  around igg 

Taking  and  selling  grain 167 

Handling  stolen  grain 168 

Theft 169 

Hacks,  Deays,  Vehicles— 

License  and  bond  required 527 

License  tax,  rate  of 528 

Street  cars  taxed 528 

Numbers  to  be  attached  to 529 

Color  of  numbers  changed  annually 529 


INDEX   TO   REVISED   ORDINANCES.  XXlll 

Hacks,  Drays,  Vehicles — Continued.  Art. 

Liceuse  to  run  from  January  to  January 530 

License  to  be  paid  to  collector 531 

Collector  to  issue  license  and  numbers 582 

Lamps  to  be  lighted  on  hacks,  omnibuses 532 

Card  rates  to  be  posted  in 532 

Licenses,  how  transferred 533 

False  numbers,  penalty  for  using 534 

Defaced  numbers  reinstated .    ,    .    .  535 

Fast  riding  or  driving 536 

Eules  governing,  in  passing  each  other 537 

Accidents,  must  render  assistance 538 

Sidevpalks,  riding  or  driving  over 540 

Refusing  loads  prohibited 541 

Load,  what  constitutes 542 

Price  of  loads 543 

Price  of  hack  fares 544 

Penalty  for  extortion 544 

Obstructing  street  prohibited 545 

Drivers  not  to  leave  vehicle 545 

Rules  at  railroad  and  steamboat  landings 545 

Obtaining  vehicle  without  paying  therefor 546 

License  tax  to  be  used  for  streets 547 

Fines  to  be  used  as  Street  fund 547 

Collector's  duties  as  to  licenses 548 

Numbers,  prepared  by  whom 548 

Where  they  shall  stand 549,  550 

Duties  of  drivers  when  standing 551 

Penalty,  general  provision 552 

Bicycles  and  tricycles  regulated 536,  539 

Rules  at  depots 553,  554 

Harbor  and  "Wharves — 

Vessels  not  to  lay  in  stream 142 

Duties  of  vessels  in  stream 143 

Duties  of  vessels  at  wharves 144 

Vessels  not  to  load  or  discharge  in  stream 146 

Ship  keepers 147 

Penalties 148 

Harbor  master  to  enlorce  rules 149 

Penalty  for  bringing  wreck  into  harbor 150 

Casting  obstructions  or  filth  into  harbor      151 

Combustibles  not  to  be  heated  on  board  of  vessels 154 

Ballast  not  to  be  thrown  overboard 154 

Ballast  not  to  be  unloaded  at  night 154 

Regulating  discharge  of  gunpowder  at  wharves 155 

Removal  of  goods  from  wharf  regulated 156 

Regulating  piling  of  freight  on  wharves 166 


Xxiv  INDEX   TO    REVISED   OEDIKANCES. 

Harbok  Master —  Art. 

To  enforce  smoking  ordiuanee 266 

Appointment,  salary,  bond      11 

Shall  enforce  harbor  rules 152 

Shall  regulate  berths  of  vessels 155 

Penalty  for  refusal  to  obey  orders  of 155 

Shall  enforce  ordinances,  etc 156 

Health  Department— 

Establishment  of  hospitals  prohil)i ted ...  170 

Sick  or  diseased  persons  to  be  removed  by 171 

Shall  abate  nuisances,  how  .  .        .        183 

May  fill  up  low,  filthy  lots,  how 179 

Costs  of  filling  low,  filthy  lots,  how  assi'ssed  .    .            180 

Shall  cause  premises  to  be  inspected 181 

Houses,  building  lots  and  yards  to  be  disinfected  .   ...             .    .  181 

Selling  tainted  meats  punished 184 

Selling  unwholesome  poultry,  fish,  flesh  or  vegetables 184 

Unwholesome  places  prohibited  and  punished 185 

Notices,  how  served 188 

Penalties 189,  190 

Sanitary  regulations 191 

Privies,  where  constructed 192 

Privies,  keeping  offensive,  punished 193 

Privies  not  to  be  constructed  on  si  reel  or  alley 192 

Eemoving  night  soil,  regulated 195 

Dead  carcasses,  carrion,  etc. 196 

Garbage,  removal  regulated 197 

Owner  to  remove  dead  animal 196 

Garbage  not  to  be  placed  in  street 194 

Boiler  manufactories,  breweries,  etc. 198 

Wharves,  docks  and  ships  regulated 199 

Wharf  owners  to  remove  noxious  substance 199 

Vessels  containing  stagnant  water 200 

Owners  of  vessels,  duties  of. 200 

Infected  articles,  duties  of  health  physician 201 

Skinning  dead  animals  prohibited 202 

Privies  in  fire  limits,  how  constructed 203 

Health  Physician — 

Appointment,  salary,  bond 1,  10 

Grant  permits  to  hospital        172 

Shall  prevent  disease 173 

Establish  pest  houses. 173 

May  destroy  infected  clothes,  material,  etc 173 

Duties  of  vessel  in  regard  to  sick  ])erson .174 

C!onveyors  of  sick  persons 175 


INDEX   TO   REVISED  ORDINANCES.  XXV 

Health  Physician — Continued.  Aet. 

May  prevent  the  entrance  and  order  the  removal  of  vessels   ...  177 

May  be  invested  with  police  powers 182 

Shall  abate  nuisances 183 

Duties  of 171 

Duties,  deaths  and  burials 187 

Duties  of,  infected  articles 201 

Death  certificates,  duties 53 

Mortuary  list,  shall  publish 53 

Death  certificates,  abstract  of 58 

Underground  drains,  duties 487 

Houses  and  Buildings,  Removal — 

President  to  grant  permit 236 

Conditions  may  be  imposed. 236 

Rules  and  regulations 237 

Permit  in  fire  limits  prohibited 237 

Buildings  must  have  fire-proof  roofs,  that  have  been  moved  .    .    .  238 

Itinerant  Vendors — 

License,  application  for 130 

Penalty. 131 

Health  officer,  duties 133 

Tax  on 134 

Goods,  contagious 135 

Exceptions 136 

Junk  Dealers — 

Chief  of  Police,  duty 406 

Book  must  be  procured  by 407 

Book  marked  how 408 

Penalties 409 

Dealer  defined 410 

Lewd  Advertisements 503 

Libraries,  Free — 

Establishing 591 

Librarian,  how  appointed,  salary 592 

Librarian,  duties  of ....  593 

Expenditures,  how  made 

Report  to  be  made  annually 

Penalties,  etc 594 

Licenses — 

By  whom  issued 1 26a 

Penalty  for  not  procuring 127 

Penalty  for  not  posting 128 

Time  issued  for,  liquor  and  beer 63 


593 
593 


XXvi  INDEX   TO   REVISED   ORDINANCES. 

Liquor  Dealees—  Art. 

Tax  levied  on ^' 

Duties  before  commencing  business 62 

Time  license  issued  for 63 

Collector  to  issue  license 62 

Transfers 64 

Penalty  for  not  posting  license 62 

Penalties 65 

Payment  of  United  States  tax,  eflfect  of      66 

Secretary's  duties,  books 67 

Collector's  duties,  books 67 

Exchange  of  license 68 

Loafing — 

Congregating,  idling,  etc .      421 

Markets— 

Meat  to  be  sold  in,  only 301 

Hours  for  opening  and  closing 303 

Stall  in  city,  regulated 304 

Stalls  to  be  rented  annually 304 

Stalls,  price  of,  to  be  fixed 304 

Eenting  stalls,  regulated 304 

Cleaner  to  be  employed 305 

Cleaner  shall  give  bond 305 

Obstructing  streets  about,  prohibited 306 

Interfering  with  ropes,  tackle,  etc.,  prohibited 306 

Injury  to  stalls  prohibited 306 

Sale  of  tainted  meats  prohibited 184 

Private,  how  established 311 

Private,  limitation  on 311 

Stalls,  standing  or  sitting  on,  prohibited 312 

Offenses  against  occupants  of  stalls 313 

Refuse  to  be  thrown  in  tubs  or  barrels 310 

Private,  prohibited  in  certain  limits 311 

Third  ward  limits 311 

Penalties 316 

Fish,  regulating  sale  of 316 

Vegetables 314 

Penalties 315 

Sales  from  carts,  wagons,  etc 314 

Game  and  fish 314 

Malicious  Mischief — 

Injuries  to  public  property 420,  423 


INDEX   TO   REVISED   ORDINANCES.  XXVll 

Manuscript  Bonds—  ''^^'^• 

107 
Auditor  shall  prepare 

1  QQ 

Delivery  to  Treasurer 

Shall  be  stamped,  how '**" 

Shall  burn  and  destroy ^^^ 

Trust  and  sinking  funds 

Minors — 

Establishing  curfew  law 

Penalties *^^ 

Oath  of  Office — 

3  37 
Prescribed 

Occupation  Taxes — 

Acrobats ^^ 

Auctioneers 

Baseball  Parks ^^^ 

Billiard  and  Pool  Tables ^^ 

Bridge  Toll '^'^ 

Buggies  and  other  vehicles 

Bull  and  dog  fights ^''* 

Circus ^^ 

Cockpit ^^ 

98 
Concerts 

108 
Clocks  and  ranges 

124 
Cigarettes ^^* 

Cotton  brokers ^^^ 

1  Ofi 
Cotton  and  wool  buyers 

121 
Cotton  seed  oil  products 

Commission,  selling  on '"^ 

Commission  merchant ^^"^j 

Dentists ^^ 

Electric  lights ^'^ 

.  117 

Elevator  grain ■    ■    •    ■  ^^' 

Electric  battery ^^^ 

7S 
Fortune  tellers 

109 
Gas  companies " 

Graphophones,  phonographs ^^° 

Horse  races,  pools 

Hobby  horses,  jennies      °° 

Ice  dealers 

109 
Industrial,  insurance  agents ^"-^ 

Insurance  agents 

102 
Insurance  agents 

Knife,  cane  and  doll  racks °* 

1 IQ 
Kinetoscope 


Land  agents 


80 


Xxviii  INDEX   TO   REVISED   ORDINANCES. 


Laundry,  steam ^^^ 

Lawyers ° 


Occupation  Taxes — Continued.  Aet 
Laundry,  steatu 
Lawyers  .    .    • 

Lightning  rods 

Livery  stable "" 

Merchants 10,  U 

Menageries. ^'^ 

Menageries,  wax-works "^ 

Money  brokers,  shavers ...  74 

Patent  medicines "^2 

Pawnbrokers  .    .    .    .    ' 105 

Panorama,  view  shows.       120 

Phonographs 1'" 

Photographs '^^ 

Peddlers 89 

Race  tracks •  H^ 

Sewing  machines If*^ 

Ship  agents 78 

Shooting  gallery ^3 

Slight  of  hand -'4 

Skating  rinks HI 

Shows,  all  kinds. I'-O 

Street  car  companies 116 

Steam  laundry .  113 

Theaters 90 

Ten  pin  alleys. 87 

Wagon  yards 99 

Wagon  and  buggy  peddlers 108 

Wax  and  other  works 97 

Licenses,  time  of -.    ■    •  125 

Licenses,  transfer  of 126 

Licenses,  posting  of 128 

Penalties 129 

Dismissal  of  prosecution      129 

Offenses  Against  Public  Peack — 

Keeping  of  sundry  houses 347 

Fighting,  quarreling,  disorderly  conduct 348 

Injuring  fences,  doors,  houses,  signs 348 

Intruding  and  trespassing 348 

Abusing,  provoking,  disturbrug 348 

Exposing  signs,  prints,  caricatures 348 

Disturbing  religious  or  other  meetings 349 

Vagrants,  beggars,  tramps,  etc 350 

Bawdy  houses,  assignation  houses 352 

Loafing  defined       351 

Opium,  keeping  houses  for  smoking 352 


INDEX    TO    REVISED    ORDINANCES.  XXIX 

Offensks  Against  Public  Peace — Continued.  Airr. 

Renting  houses  for  prostitution,  oi>ium 3o8 

Cards  and  dice,  playing  at 3-)4 

Public  balls,  regulating :^")-')-8')7 

Riots  and  disturbances  at  balls 357 

Bar  rooms,  opening  and  closing 358 

Bathing  regulations 359-361 

Animals  running  at  large .    .  302 

Public  pound,  regulating 302 

Swine  and  goats 3()7 

Penalties  for  keeping  sundry 367,  308 

Driving  cattle  and  beeves 370,371 

Pigeons,  keeping 372 

Glanders,  regulating  ....•• 3t)7 

Dogs,  license  fees  and  regulations  , 378-380 

Dogs,  biting,  shall  be  killed 380 

Arras,  unlawful  carrying 381 

Arms,  penalty  for  carrying 383 

Shows,  circuses  and  exhibitions 389 

Shrubbery,  injuring      485 

Chickens  running  at  large 412 

Crowds  on  sidewalks  prohibited 421 

Disposition  of  funds  from  tines  and  sales. 3(>3 

Redeuixition  of  animals 3(54 

Chief  of  Police  shall  kill  animals  ... 365 

Cows  and  horses,  in  streets,  can  drive 366 

Cruelty  to  animals 374 

Diseased  animals 375 

Penalties 376 

Officers— 

Appointments  of  charter 1 

Tenure  of  office I 

Treasurer,  bond,  salary,  duties 2 

Attorney,  bond,  salary,  duties 3 

Auditor,  bond,  salary,  duties      4 

Assessor  and  Collector,  bond,  salary,  duties 5 

Recorder,  bond,  salary,  duties. 6 

Chief  of  Police,  bond,  salary,  duties 7 

Chief  of  the  Fire  Department,  bond,  salary,  duties      8 

Engineer,  bond,  salary,  duties 9 

Health  Physician,  bond,  salarj',  duties 10 

Harbor  Master,  bond,  salary,  duties 11 

Sexton,  bond,  salary,  duties 12 

Superintendent  of  Waterworks,  bond,  salary,  duties 13 

Engineer  of  Waterworks,  bond,  salary,  duties 14 

Secretary,  bond,  salary,  duties 15 


XXX  INDEX   TO   REVISED  ORDINANCES. 

Officers — Continued.  Art. 

OfBcers  created  by  the  board,  bonds,  salaries,  duties. 16 

Approval  of  bonds. 17 

Commissioners 18 

Duties,  indicated  by  it,  shall  perform 19 

Abolishment  of 20 

AfHrmiug,  creation  and  filling 21 

President  of  board,  shall  perform,  etc 22 

Oaths  of 23 

Time  for  qualification  of 24 

Shall  make  inventories  of  property 25 

Leave  of  absence  how  granted 26 

Leave  of  absence,  to  whom  granted 27 

May  grant  leave  of  absence,  to  whom 28 

Leave  of  absence,  substitutes 29 

Absence  from  duty,  punished,  how 30 

Commissioners  shall  make  rules  and  regulations  for  their  depart- 
ments    31 

Oil  Storage— 

Eegulations  concerning 273 

Inspection  and  examination 274 

Further  rules 275,  277 

Regulating  material  of  tanks 278,  279 

Tanks,  surroundings 280,  281 

Ordinances — 

Amended,  how 317 

Constructions  and  definitions 318 

Passenger  Station — 

Hotel  runners,  regulations 554 

Loafing  around  ...  

Pawnbrokers— 

Chief  of  Police  to  procure  books 384 

Shall  exhibit  books  and  pawned  articles 384 

Books,  form  of 385 

Books,  how  to  be  kept 386 

Entries  to  be  made  daily 387 

Penalties 388 

Petroleum  Oil  and  Inflammable  Commodities — 

Regulating  quality  to  be  kept 273 

Regulating  storage  of 274 

Certificate  of  Chief  Engineer  as  to 274 

Chief  Engineer  shall  give  certificate  of 274 

Duty  of  the  President  in  regard  to 275 


XXXi  INDEX   TO   REVISED   ORDINANCES. 

Petroleum  On,  and  Inflammable  Commodities— Confmwerf.  aet. 

(certificate  to  be  hunji  up 275 

Premises  to  be  open  for  inspection 275 

Not  to  be  manufactured  in  street  or  dwelling  house 279 

Penalty  for  violating 278,  279 

Pigeons — 

Keeping  prohibited 372 

Plumbers — 

Application  to  board  in  writing        579 

Qualifications,  bond 580 

Suspension  of  license 381 

Jiaws,  waterworks  and  sewerage 582 

Poultry — 

Running  on  streets  prohibited 412 

Police  Department — 

Organization  of 320 

Officers  and  members  of 320 

How  appointed 320 

Substitute,  chief  to  appoint 321 

Policemen,  may  be  suspended  for  what 322 

Policemen,  qualifications  of  duties 323 

Powers  of  policemen 323 

Suspension  and  removal 322 

May  enter  dwelling 323 

Interference  with,  punished ....  324 

Assignment  to  duty 325 

Arms  and  equipments 325 

Policeman's  whistle,  unlawful  to  blow. 327 

Policeman  shall  arrest,  unlawful  carrying  arms 381 

Port  Wardens— 

Appointment  of 157 

Duties  of  ... 158 

Duties  relating  to  vessels  breaking  bulk 159 

Fees  for  services 1  'iO 

More  than  one  Port  Warden  required  in  certain  cases 161 

May  be  removed,  for  what 162 

Policemen — 

Chief  shall  enforce  State  gaming  laws 404 

Penalty  for  failure  to  enforce  laws 405 

Pound,  Public— 

Regulations  concerning 362 

Owners  may  redeem 364 


XXXii  INDEX   TO   REVISED    ORDINANCES. 

Pound,  Public — Continued.  Aet. 

Animals  to  be  killed,  when 365 

Auiiuals,  when  to  be  driven 366 

Fees  for  impounding, 363 

Powder — 

Eegnlating  use  ot 263 

Regulating  discharge  of,  at  wharves 155 

President— 

Building  permits,  shall  issue 250 

Petroleum,  duties  in  regard  to •    ■    .    .    .    275,  276 

Dogs,  duties  in  regard  to 379 

Permits  to  remove  buildings,  shall  grant mO 

Permits  to  repair  wooden  buildings  damaged  by  fire 240 

Inspectors  of  dilapidated  buildings,  shall  appoint 241 

Obstructions  in  the  streets,  to  remove 473 

Privies — 

Construction  in  fire  limits 203 

On  streets  and  alleys,  prohibited 191 

Distance  from  line  of  lot  or  street 191 

Penalty 191 

Removing  night  soil 193 

Prostitutes — 

Soliciting  trade 416 

Public  Property,  Protection  of — 

Injuries  to 420 

Loafing  and  congregating  around 421 

Throwing  missiles 422 

Disfiguriug  aud  defacing 423 

Quarantine — 

In"  Galveston  Bay 204 

Anchorage  of,  established 205 

Physician  to  board  vessels 206 

Physician  may  examine  persons  under  oath 206 

Vessels  not  to  leave 207 

Vessels  in,  not  to  be  unloaded  without  permit 208 

Masters  o    vessels  to  report  to  quarantine  station 209 

Vessels  to  be  fumigated 210 

Bedding  aud  clothing  may  be  destroyed 211 

Penalty  for  giving  false  information 212 

Penalty  for  obstructing  quarantine  physician 213 

Penalty  for  violating  regulations 214 

Pilots,  duties  of,  in  reference  to 215 

Vessels  from  infected  ports,  regulations 215 


INDEX  TO   REVISED  ORDINANCES.  XXXiii 

Railway  Companies —  Aet. 

Map  of,  shall  make  and  file 424 

Changes  in,  how  made 425 

New  lines,  grades  to  be  established .  426 

Shall  raise  and  fill  between  tracks 427 

Roadbed  filled  and  ballasted 428 

Curves  and  intersections 429 

Tracks  and  trestles  on  piles. 430 

Forming  intersections  with  other  roads 431 

Digging  sand  along  track  prohibited 432 

Paving  between  tracks,  when 433 

Costs  of  paving  between  tracks 433 

Paving,  shall  keep  in  repair 434 

Cost  of  repairs 434 

City  Engineer  shall  keep  supervision  over 435 

Expenses  incurred  bv  City  Engineer,  how  collected 436 

Penalties 437 

Acceptance  of  these  provisions 438 

Rate  of  fare  for  street  railways 439 

Getting  on  cars  prohibited 448 

Rate  of  speed  of  cars 450 

Locomotives,  running,  regulated 451 

Watchmen  at  crossings 452 

Stopping  cars  on  crossings 452 

Penalties 452 

Regulating  running  of  street  railway  cars 457 

Revocation  of  right  of  way 456 

Guard  wires,  to  be  provided  by  electric 440,  441 

Bumpers  must  have 443 

Cannot  be  permitted  to  stand 451 

Penalties 452 

Rkcoedkk's  Court— 

Proceedings  in,  how  instituted 328 

Process,  how  executed 320 

Docket  of,  how  kept 330 

Witnesses,  how  summoned 331 

Trial  by  jury,  regulated 332 

Suspension  of  judgment  . 333 

Remission  of  fines 333 

Imprisonment  for  non-payment  of  fines 334 

Fine,  minimum,  one  dollar 335 

Penalty,  when  not  provided  for 335 

Prisoners  to  labor,  regulating 336 

Escape  and  refusal  to  work 338 

Resentence  in  certain  cases 339 

Jury  fees,  regulating 340 

Costs  in 340 

19b 


XXXiv  INDEX  TO  REVISED  ORDINANCES. 

Recoedee's  Couet — Continued.  Aet. 

Chief  of  Police  to  collect  costs 343 

Cost  in,  what  oifenses •    •  344 

Costs  earned  by  police 346 

Arms,  unlawful  carrying,  shall  try 383 

Scrip,  must  not  be  interested  in 341 

Sand — 

Regulations 496 

Sanitaey  Regulations — 

Privies,  where  constructed 191 

Privies,  keeping  offensive  punished  ....        192 

Privies  not  to  be  constructed  on  street  or  alley 191 

Removing  night  soil  regulated ...  193 

Dead  carcasses,  carrion,  etc 194 

Garbage,  removal  regulated 194 

Owner  to  remove  dead  animal 196 

Garbage  not  to  be  placed  in  street 197 

Boiler  manufactories,  breweries,  etc 198 

Wharves,  docks  and  slips  regulated 199 

Wharf  owners  to  remove  noxious  substance 200 

Vessels  containing  stagnant  water ■    ■    .    .  200 

Owners  of  vessels,  duties  of. 200 

Skinning  dead  animals,  prohibited 202 

Privies  in  fire  limits,  how  constructed 203 

Hides  and  paltries 201 

Skashoees — 

Excavation  of 509 

Penalties 510 

Obstructions,  causing 511 

Seweeage — 

Connections  with,  compulsory 586 

Injuries  to  pipes  punished 587 

Rates  and  tolls  payable,  how 588 

Connections  may  be  cut  ofi^ 588 

Rates  established 590 

Costs  of  connections 590 

Connections  required 589 

Sinks  and  water-closets  prohibited 587 

Sexton,  City — 

Duties  of 41 

Time  and  manner  of  appointment 41 

Shall  prepare  graves  ....        41 

Fees  of,  to  be  fixed  by  Committee  on  Cemeteries 41 


INDEX   TO   REVISED   OEDINANCES.  XXXV 

Sexton,  City — Continued.  Akt. 

Shall  keep  a  register 44 

Shall  enter  all  burials  in  register 45 

Shall  keep  register  open  for  inspection 46 

Failure  to  make  entries  in  register  sufficient  cause  for  removal  .  .  46 

Shall  subscribe  oath  of  office 47 

Shall  inter  all  dead  bodies 48 

Salary  of 41 

Shall  be  furnished  with  physician's  certificate  of  particulars  of 

death 48 

Shall  be  furnished  with  certificate  in  cases  where  body  is  not  to 

be  buried  in  a  city  cemetery 49 

Subject  to  a  fine  for  burying  body  without  certificate 50 

Shall  keep  record  Ijooks  of  burial  lots  sold 52 

Shall  make  weekly  reports  to  Health  Physician  of  all  interments  .'  52 

Shall  return  death  certificate  to  Health  Officer 52 

Shall  superintend  disinterment  of  bodies 54 

Shall  be  fined  for  disinterring  body  without  authority,  or  failure 

to  inter  dead  body 57 

Shall  prepare  graves 58 

Shall  keep  cemetery  in  good  condition 58 

Shall  have  control  of 58 

Sick  or  Diseased  Persons — 

Masters  of  vessels  to  report  to  Health  Physician 174 

Kailroads  and  public  conveyances  to  report  to  Health  Physician  .  175 

Keepers  of  hotels  to  report  sickness  to  Health  Physician 178 

Sidewalks  or  Sidewalk  Improvements — 

Width  of  sidewalks 512 

Shall  not  encumber 512 

Molasses  and  like  articles,  must  not  be  stored  on 512 

Galleries  and  balconies  on,  prohibited 514 

Awnings  and  sheds,  how  built ...  515 

Awnings,  wooden,  in  fire  limits 515 

Weeds,  grass  and  trash  on,  prohibited 516 

Must  be  kept  clean 517 

Sweepings,  offal,  debris 517 

To  be  paved  aud  curbed 518 

Pavement  below  grade  to  be  raised 521 

Plank  sidewalks  to  be  removed      521 

Low  and  defective,  how  repaired 522 

Penalty 522 

Slaughter  Houses  and  Yards — 

Limits  within  which  they  may  not  be  established 216 

Meats  to  be  deposited  in  market  house 216 

Slaughtering  animals  prohibited  within  certain  limits 216 


XXXVi  INDEX    TO   REVISED   ORDINANCES. 

Slaughter  Houses  and  Yards — (Continued.  Art. 

Offensive  trades  and  occupations  prohibited 217 

Penalties 218 

Recorder  to  abate  nuisances. 219 

Smoking — 

Pipes,  cigars  and  cigarettes  prohibited 266,  267 

Enforced  by  whom 272 

Spark  Arrestors— 

Captains  and  owners,  duties 282 

Steam  engines,  must  use 283 

Vessels  shall  keep 284 

Protection  of  hatch  combing 285 

Smoking  prohibited  on  vessels 286 

Kegulations  of  lanterns  on  vessels 287 

Paint  vessel,  shall  not 288 

Duty  of  captain  to  cover  hatching 289 

Duty  of  captain  of  vessel 290 

Penalties 291 

Matches,  prohibiting  on  wharf 292 

Streets,  Alleys  and  Sidewalks — 

Groesbeck  survey  affirmed 451) 

Sandirsky  map  confirmed  .           459 

Penalty  for  altering  monuments. 461 

Extension  of  streets  ...            471 

Encumbering  streets  and  public  grounds 471 

To  remove  obstructions 478 

Trees  and  posts  in,  prohibited 474 

Alleys  not  thoroughfares  .       475 

Grade  of  alleys 476 

Alleys  may  be  closed,  when 478 

Alleys  may  be  opened,  when 478 

Building  materials  on,  regulated 479 

Drainage,  penalty  for  obstructing 480 

Obstructing  punished 480 

Obstructions,  how  removed 482 

Esplanade,  on  Broadway 483 

Esplanade,  shall  not  drive  on 484 

Esplanade,  animals  shall  not,  etc 485 

Underground  drains  not  to  be  used 486 

Underground  drains,  no  connecting  pipes 486 

Fire,  no  vehicle  to  obstruct  in  case  of 488 

Sand,  removal  prohibited 489 

Sand  from  beach,  removal 490 

Pelican  spit,  removal  of  shell,  etc 490 


INDEX    TO   REVISED   ORDINANCES.  XXXVii 

Streets,  Alleys  and  Sidewalks — Co^iiinued.  Aet. 

Grade  of  sidewalks 491 

Beach  a  public  avenue 492 

Pavement,  no  removal  without  permits 497 

Swinging  signs  prohibited 498 

Penalty  for  mutilating  trees,  etc.  . 499 

Provisions  for  numbering  houses  and  prescribing  penalties.  .    .    .  555—562 

Trash  and  garbage 501,  502 

Garbage  box  or  barrel       501 

Lewd  and  indecent  pictures 503 

Medicine  packages,  in  yards 504 

Penalties 505 

Tree  and  shrubbery  trimmings 506 

Taxes  akd  Taxation,  Chartee  Provisions —  Sec. 

Ad  valorem 54 

Assessor  and  Collector,  duties .  .       .    .        52,  54 

Assignment  by  debtor,  taxes 58 

Bankrupts,  taxes  ...           58,  62 

Corporation  shares 55 

Compromise  and  reduction 63 

Damaged  stocks 62 

Delinquent  taxes 54 

Delinquent  taxpayers 60 

Exemptions,  from 53 

Interventions  for  taxes 61 

Junk  dealers 62 

Limitation  for  general  purposes 54 

Occupation,  limit  of 62 

Liens  for  taxes 56 

Limitation,  not  to  be  pleaded 60 

Merchandise,  lien 58 

Assessment,  mode  of 54 

No  demand  necessary 59 

Occupation  and  license 52,  54 

Pawnbrokers .  62 

Personal  property  defined 54 

Poll  tax 54 

Bonds,  power  to  levy  limited 67 

Eeal  estate  defined 54 

I'ailroads,  city 66 

Seizure  and  sale 58 

Suits  for  taxes 54,  60 

School  taxes 64 

Tax  roll,  sufficiency  of 57 

Transient  vendors 62 

To  pay  bonds 67 


XXXViii  INDEX   TO  REVISED  ORDINANCES. 

Taxes  and  Taxation,  Chaetek  Provisions — Continued.  Sec. 

To  pay  interest  and  sinking  fund 67 

Trust  funds 7^ 

Vehicles  . ^1 

When  due 59 

Telegraphs,  Telephones  and  Electric  Lights—  .  Art. 

Authorized  to  set  poles,  etc.,  along  streets,  when 563 

Poles  may  be  set  in  alleys,  when 564 

Poles,  kind  to  be  used 565 

Poles,  shall  be  painted 565 

Poles,  shall  have  iron  steps 5(35 

Poles,  where  placed 565 

Companies  shall  submit  route  to  Committee  on  Streets  and  Alleys  5(36 

Work  shall  be  done  under  the  direction  of  City  Engineer  ....  566 

Pavement  must  be  restored 566 

Location  of   poles,  City  Council  or  Committee  ou  Streets  and 

Alleys  may  order  change  in  location 567 

Companies  shall  keep  on  deposit  fifty  dollars 567 

Penalty  for  not  keeping  deposit  w^ith  Treasurer 569 

Pole,  city  may  use  top  arm 570 

City  may  prescribe  any  mode  of  conducting  wires  over  or  under 

its  thoroughfares 571 

Every  company  shall  file  acceptance  of  provision  of  ordinance  .  .  567 

Poles,  unlawful  to  post  bills  on 573 

Penalty  for  posting  bills 570 

Regulating  wires       574 

Tree  and  shrubbery  trimmings 506 

Underground  Drains — 

Shall  not  be  used  for  sewage 486 

Connecting  pipes  to  be  cut  off 487 

Health  Physician's  duties 487 

Waterworks— 

Regulations 575 

Obstructing  pipes  or  hydrants 576 

Peopeuing  prohibited 577 

Assessments  for  water 578 

Water  pipes  by  plumber 579,  580 

Water  meters,  regulating 584 

Obstructing  fire  hydrants 585 

Wharves- 

Penalty  for  fast  driving  on KjS 

Not  to  be  extended  beyond 164 


\ 


4 


AN    APPENDIX 


CONTAINING 


SPECIAL  ORDINANCES, 

CONTRACTS  AND  OTHER  ACTS  AFFECTING  THE 

RIGHTS  AND  INTERESTS 


CITY  OF  GALVESTON 


COMPILED   AND   PUBLISHED 


AUTHORITY    OF    THE    CITY. 


PREPARED    BY 


GEO.    P.    KINLAY. 


APPENDIX. 


CHAPTER  I. 

BONDS   TO    PURCHASE    BLOCK    32 1. 

Section  1.  That  his  honor  the  mayor  be  and. he  is  hereby 
directed  to  propose  to  the  Galveston  City  Company  to  pur- 
chase block  number  three  hundred  and  twenty-one  on  the 
following  terms,  to-wit :  For  the  sum  of  thirty-five  thou- 
sand dollars,  payable  in  bonds  of  the  city  of  Galveston,  the 
said  bonds  to  bear  interest  at  the  rate  of  eight  per  cent,  per 
annum,  with  interest  coupons  attached,  payable  semi-  annu- 
ally, and  receivable  for  all  city  taxes  and  other  public  dues; 
the  principal  payable,  one-tenth  in  twenty  years  from  the 
date  thereof,  and  one-tenth  ever}^  year  thereafter,  until  the 
whole  is  paid. 

Sec.  '1.  That  if  the  said  City  Company  agree  to  sell  said 
block,  on  the  terms  proposed,  then  the  mayor  is  hereby 
authorized  and  empowered  to  have  the  said  bonds  prepared, 
and  to  execute  and  deliver  the  same  upon  the  execution  and 
delivery  of  a  deed  by  said  company  of  the  block  mentioned. 
The  said  bonds  to  be  in  sums  of  not  less  than  live  hundred 
dollars    ($500)    each. 

Sec.  3.  That  said  block,  if  purchased,  shall  be  used  as 
the  site  of  a  city  hall  and  other  public  buildings. 

[Approved  February  3,  1873. 


CHAPTER  H. 

GALVESTON    THIRTY- YEAR    LIMITED    DEBT    BONDS 1  8  76. 

Section  1.  That  the  mayor  of  said  city  and  the  com- 
mittee on  finance  and  revenue  of  said  council  be  and  are  hereby 
authorized  to  have  printed  or  engraved  bonds  of  said  city  to 
the  amount  of  eleven  hundred  and  fifty  thousand  dollars,  which 
shall  be  styled  "Galveston  thirtyyear  limited  debt  bonds."  shall 

be  payable  thirty  years  after  their  issue,  to  or  bearer, 

247 


Chap.  II.  Appendix. 

at  the  office  of  the  treasurer  of  said  city;  shall  bear  interest 
at  the  rate  of  eight  per  cent,  per  annum,  and  have  attached 
semi-annual  interest  coupons,  payable  at  said  office,  on  the 
first  day  of  March  and  the  first  day  of  September  of  each 
year.  The  said  bonds  shall  be  issued  under  the  seal  of  said 
city,  in  denominations  of  one  hundred,  five  hundred  and  one 
thousand  dollars;  shall  be  signed  by  the  mayor  and  coun- 
tersigned by  the  treasurer  of  said  city ;  shall  be  numbered  con- 
secutively from  number  one  upwards,  and  shall  be  reg- 
istered by  the  city  clerk  in  a  book  to  be  kept  especially  for 
that  purpose. 

Sec.  3.  That  the  city  hereby  reserves  the  right  to  redeem 
at  par  the  said  bonds,  or  any  of  them,  at  any  time  after  ten 
years  from  the  dates  of  their  respective  issues,  upon  giving 
notice  by  advertisement  in  the  official  journal  of  said  city  for 
thirty  consecutive  days  (exclusive  of  the  days  upon  which 
the  journal  is  not  published)  that,  upon  a  day  therein  named 
it  will  redeem  at  par,  upon  presentation  at  the  office  of  said 
treasurer,  the  bonds  described  in  such  advertisement.  The 
said  notice  shall  be  signed  by  said  treasurer,  and  shall  give 
the  number,  date  and  amount  of  each  of  the  bonds  so  to  be 
redeemed. 

The  bonds  authorized  by  this  ordinance  shall  be  redeemed 
in  the  order  in  which  they  are  issued — that  is  to  say,  the  bonds 
bearing  the  earliest  date,  or  being  first  issued,  shall  be  first 
redeemed ;  and  any  bond  so  advertised  for,  and  designated 
as  aforesaid,  and  not  being  presented  for  redemption  as  afore- 
said, on  the  day  named  in  said  notice,  shall  cease  to  bear  in- 
terest from  and  after  such  day. 

Sec.  3.  To  provide  for  the  payment  of  the  interest  on  said 
bonds,  and  to  create  a  sinking  fund  for  the  redemption  and 
payment  of  the  principal  thereof,  there  is  hereby  set  apart 
and  specially  appropriated  to  that  purpose,  one-third  of  one 
per  cent,  of  the  annual  general  revenues  of  said  city  for  each 
and  every  ten  thousand  dollars  of  such  bonds  issued  ;  and  if. 
at  any  time,  such  percentage  of  said  revenues  shall  be  found 
insufficient  to  yield  for  the  payment  of  said  interest,  and 
for  said  sinking  fund  annually,  a  sum  equal  to  ten  per  cent, 
of  the  bonds  issued,  it  shall  then  be  the  duty  of  said  board 

248 


Appendix.  Chap.  II. 

to  set  apart  and  appropriate  such  additional  percentage  of 
said  revenues  as  shall  be  sufficient  to  supply  siich  deficiency. 
It  shall  be  the  duty  of  said  treasurer  to  deduct  from  all  moneys 
received  by  him  on  account  of  said  general  revenues,  at  the 
time  he  receives  the  same,  the  percentage  so  set  apart  by 
said  council  to  provide  for  said  interest  and  sinking  fund,  as 
aforesaid ;  and  of  the  moneys  so  deducted,  said  treasurer  shall 
place  eight-tenths  to  the  credit  of  the  interest  fund,  and  two- 
tenths  to  the  credit  of  the  sinking  fund  of  said  bonds  :  pro- 
vided, however,  that  whenever  there  shall  have  been  de- 
ducted from  said  revenues  of  any  one  fiscal  year,  and  placed 
to  the  credit  of  the  said  interest  fund,  an  amount  equal  to 
eight  per  c^-nt.  of  the  bonds  issued,  and  to  the  credit  of  the 
said  sinking  fund  an  amount  ec|ual  to  two  per  cent,  of  such 
bonds,  then  said  treasurer  shall  make  no  further  deductions 
from  said  revenues  for  tliat  year.  The  said  council  shall  an- 
nually cause  the  said  sinking  funds,  and  all  accretions  thereof, 
to  be  invested  in  bonds  of  said  city,  in  bonds  of  the  state  of 
Texas,  or  in  bonds  of  the  United  States,  as  they  may,  from 
time  to  time,  determine. 

Sec.  4.  The  said  interest  fund  and  the  said  sinking  fund 
are  hereby  made  special  funds  for  special  purposes,  and  shall 
be  disbursable  only  for  the  purposes  for  which  they  are 
respectively  created,  and  any  officer  of  said  city  misapplying 
said  funds  shall  be  punished  as  prescribed  in  the  thirty-first 
section  of  the  charter  of  said  city. 

Sec.  5.  The  mayor  of  said  city  and  said  committee  are  here- 
bv  empowered  to  negotiate,  exchange  and  sell  the  bonds  au- 
thorized to  be  issued  by  this  ordinance ;  provided,  however, 
that  none  of  the  said  bonds  shall  be  issued  at  less  than  par, 
or  be  issued  for  any  other  purposes  than  those  prescribed  by 
the  one  hundred  and  thirty-first  section  of  said  chapter. 

[Approved  September  19,  1876. 

CHAPTER  III. 

GALVESTON    FORTY-YEAR    LIMITED    DEBT    BONDS 1 88 1. 

Section  1.  That  the  mayor  of  said  city  and  the  committee 
on  finance  and  revenue  of  said  council  be  and  are  hereby 
authorized  to  have  printed  and  engraved  bonds  of  said  city 

249 


Chap.  III.  Appendix. 

to  the  amount  of  one  million  and  three  hundred  thousand  dol- 
lars, which  shall  be  styled  "Galveston  forty  years  limited  debt 

bonds ;"  shall  be  payable  forty  years  after  their  issue  to  — 

or  bearer  at  the  office  of  the  treasurer  of  said  city ;  shall  bear 
interest  at  the  rate  of  five  per  cent,  per  annum,  and  have  at- 
tached semi-annual   interest  coupons,  payable   in   the   city  of 

New  York  at or  at  the  office  of  the  city  treasurer,  at 

the  option  of  the  holder  or  holders  of  said  bonds,  on  the  first 
day  of  June  and  the  first  day  of  December  of  each  year.  The 
said  bonds  shall  be  issued  under  the  seal  of  said  city  in  de- 
nominations of  one  hundred  dollars  or  multiples  thereof : 
shall  be  signed  by  the  mayoi  and  countersigned  by  the* 
treasurer  of  said  city;  shall  be  numbered  consecutively  from 
number  one  upwards  and  shall  be  registered  by  the  city  clerk 
in  a  book  to  be  kept  specially  for  that  purpose. 

Sec.  2.  The  said  city  hereby  reserves  the  right  to  redeem 
at  par  the  said  bonds,  or  anv  of  them,  at  any  time  after  ten 
years  from  the  dates  of  their  respective  issues,  upon  giving 
notice  by  advertisement  in  the  official  journal  of 
said  city  for  thirty  consecutive  days  (exclusive  of 
the  days  upon  which  the  journal  is  not  pub- 
lished), that  upon  a  day  to  be  therein  named,  it  will  redeem 
at  par,  upon  presentation  at  the  office  of  said  treasurer,  the 
bonds  described  in  such  advertisement.  The  said  notice  shall 
be  signed  by  said  treasurer,  and  shall  give  the  number,  date 
and  amount  of  each  bond  so  to  be  redeemed.  The  bonds 
authorized  by  this  ordinance  shall  be  redeemed  in  the  order 
in  which  they  were  issued — that  is  to  say,  the  bonds  bear- 
ing the  earliest  date,  or  being  first  issued,  shall  be  first  re- 
deemed; and  any  bond  so  advertised  for  and  designated  as 
aforesaid,  and  not  being  presented  for  redemption  as  afore- 
said, upon  the  day  named  in  said  notice,  shall  cease  to  bear 
interest  from  and  after  such  day. 

Sec,  3.  To  provide  for  the  payment  of  interest  on  said 
bonds  and  to  create  a  sinking  fund  for  the  redemption  of 
same  and  payment  of  the  principal  thereof,  there  is  hereby 
levied  and  set  apart  and  specially  appropriated  an  annual  ad 
valorem  tax  on  all  property,  real,  personal  and  mixed,  within 
the  said  city  of  Galveston,  not  exempt  from  taxation  by  the 

250 


Appendix.  Chap.  Ill, 

Constitution  and  laws  of  the  State,  of  and  at  the  rate  of 
one-third  of  one  cent  on  the  one  hundred  dollars  valuation 
of  said  property  for  each  and  every  ten  thousand  dollars  of 
such  bonds  issued ;  such  tax  to  be  assessed  and  collected  an- 
nually, until  the  principal  and  interest  of  said  bonds  are 
fully  paid  up  and  discharged,  and  if  at  any  time  such  tax 
shall  be  found  insufificient  to  3aeld  for  the  payment  of  said 
interest  and  for  said  sinking  fund,  annually,  a  sum  equal 
to  seven  per  cent,  of  all  said  bonds  issued,  it  shall  be  the 
duty  of  said  council  to  set  apart  and  appropriate  such  ad- 
ditional amount  and  sum  of  the  annual  general  revenue  and 
from  all  other  sources  of  revenue  of  said  city,  as  ma}'  be  nec- 
essary and  sufficient  to  supply  such  deficiency.  And  to  fur- 
ther provide  for  and  secure  the  payment  of  said  interest  and 
to  create  a  sinking  fund  for  the  redemption  of  said  bonds 
when  due  or  before  maturit}^,  when  redeemable,  there  is 
hereby  sei  apart  and  appropriated,  as  a  specia'.  fui)d,  to  be 
used  for  no  other  purpose  whatsoever,  the  incouic  and  divi- 
dends of  the  city  from  its  six  thousand,  tw^:)  hundred  and 
twenty-two  shares  of  stock  in  the  Galveston  Wharf  Com- 
•)riny,  and  the  m-  ome  and  dividends  of  said  ci-)-  from  its  six 
hundred  and  ninety-three  shares  of  stock  in  the  Galveston 
City  Railroad  Company,  as  the  same  shall  accrue  until  the 
pr'.ncipa^  a>.d  interest  of  said  bonds  is  fully  ])aid  up  and 
discharged 

Sec.  -i.  It  shall  be  the  duty  of  the  city  treasurer  to  place 
ai'  moneys  coUected  and  received  from  the  ad  valorem  tax 
and  general  revenue  mentioned  in  the  foregoing  section  to 
the  credit  o^  the  interest  and  sinking  funds  of  said  bonds, 
and  shall  divide  said  revenue  between  the  said  interest  and 
sini-.ing  funds,  as  follows,to-wit :  Five-sevenths  of  said  reve- 
nue to  the  c  edit  of  the  interest  fund,  and  two-sevenths  thereof 
to  the  credit  of  the  sinking  fund;  and,  further,  of  the  in- 
come of  said  city  from  its  six  thousand,  two  hundred  and 
twenty-two  shares  of  stock  in  the  Galveston  Wharf  Com- 
pany, and  from  its  six  hundred  and  ninety-three  shares  of 
stock  in  the  Galveston  City  Railroad  Company,  the  said 
treasurer  shall  place  such  sum  as  may  be  necessary  to  pay 
any  balance  of  said  interest  falling  due  during  tlTe  year,  in 

251 


Chap.  III.  Appendix. 

case  five-sevenths  of  the  amount  realized  from  said  tax  and 
general  revenue  shall  not  be  sufficient  during  any  one  year 
to  pay  said  interest,  to  the  credit  of  the  said  interest  fund, 
and  the  balance  of  said  income  of  said  city  from  said  wharf 
company's  stock  and  said  city  railroad  company's  stock  to 
the  credit  of  the  sinking  fund  of  said  bonds ;  and  if  at  any 
time  there  shall  be  any  surplus  in  the  said  interest  fund 
after  provision  is  made  for  the  payment  of  interest  for  the 
next  six  months  thereafter,  then  this  surplus  shall  be  placed 
to  the  credit  of  said  sinking  fund. 

Sec.  5.  The  said  council  shall  cause  the  said  sinkng 
fund,  and  all  accretions  thereof,  to  be  invested  in  the  bonds 
hereby  authorized  to  be  issued,  in  bonds  of  the  State  of  Texas, 
or  in  bonds  of  the  United  States,  as  they  may  from  time  to 
time  determine,  upon  the  accumulation  of  each  two  thou- 
sand dollars  of  said  fund. 

Sec.  G.  The  said  interest  fund  and  said  sinking  fund 
are  hereby  made  special  funds  for  special  purposes,  and  shall 
be  disbursable  only  for  the  purposes  for  which  they  are  re- 
spectively created ;  and  any  officer  of  said  city,  misapplying 
said  funds,  shall  be  punished  as  prescribed  in  the  thirty- 
first  section  of  the  charter  of  the  city. 

Sec.  7.  The  mayor  of  said  city  and  said  committee  on 
finance  and  revenue  of  said  council  are  hereby  empowered  to 
negotiate,  exchange  and  sell  the  bonds  authorized  to  be  is- 
sued by  this  ordinance ;  provided,  however,  that  none  of  said 
bonds  shall  be  issued  at  less  than  par,  or  be  used  for  any 
other  purposes  than  those  prescribed  by  the  one  hundred 
and  thirty-first  section  of  said  charter,  as  amended  April 
5,  1881. 

Sec.  8.  That  the  treasurer  of  said  cit}'  shall,  during  the 
months  of  ^Ma}-  and  November  of  each  year,  not  later  than 
the  20th  of  each  month,  transmit  all  moneys  in  said  interest 
fund  to  such  national  or  other  bank,  as  may  be  selected  by 
said  council,  as  provided  for  by  section  one  of  this  ordinance, 
for  the  purpose  of  paying  the  interest  on  said  bonds  in  the 
city  of  New  York,  and  in  such  manner  as  the  mayor  and 
committee  on  finance  and  revenue  may  direct. 


252 


Appendix.  Chap.  IV. 

Sec.  9.  That  the  city  council  are  authorized  and  empow- 
ered, should  they  consider  it  best  for  the  interest  of  the 
city,  to  allow  a  commission  not  exceeding  five  per  cent,  to 
a  financial  aijent  for  the  negotiation  and  sale  of  any  of  said 
bonds. 

[Approved  June  23.  1881 

CHAPTER  IV. 

GALVESTON   WATER  WORKS,  STREET   IMPROVEMENT  AND   CITY   HALL  BONDS. 

Sec.  1.  That  the  mayor  of  said  city  and  the  committee  on 
finance  and  revenue  of  said  city  "council  be  and  they  are 
hereby  authorized  to  have  printed  and  engraved  bonds  of 
said  city  to  the  amount  of  seven  hundred  thousand  dollars, 
which  shall  be  styled  "Galveston  Waterworks,  Street  Im- 
provement and  Cit}'  Hall  Bonds,"  under  and  by  virtue  of 
section  132a  of  the  charter  of  the  city  of  Galveston,  as  en- 
acted by  the  legislature  of  the  State  of  Texas  and  approved 
by  the  governor  of  the  State,   March   29,   1887.     Said  bonds 

shall  be  payable   forty  years   after  their   issue,  to  or 

bearer,  at  the  ofifice  of  the  treasurer  of  said  city ;  shall  bear 
interest  at  the  rate  of  five  per  cent,  per  annum,  and  have 
attached  thereto  semi-annual  coupons,  payable  in  the  city 
of  New  York,  or  at  the  office  of  the  city  treasurer  of  said 
city,  at  the  option  of  the  holder  or  holders  of  said  bonds, 
on  the  first  day  of  January  and  the  first  day  of  July  of  each 
year.  The  said  bonds  shall  be  issued  under  the  seal  of  said 
city  in  denominations  of  one  hundred  dollars,  or  multiples 
thereof;  shall  be  signed  by  the  mayor  and  •  countersigned 
by  the  treasurer  of  said  city ;  shall  be  numbered  consecu- 
tively from  number  one  upwards,  as  issued;  and  shall  be 
registered  by  the  city  clerk  in  a  book  to  be  kept  specially 
for  that  purpose. 

Sec.  2.  The  said  city  hereby  reserves  the  right  to  re- 
deem at  par  the  said  bonds,  or  any  of  them,  at  any  time 
after  twenty  years  from  the  dates  of  their  respective  is- 
sues, upon  giving  notice  by  advertisement  in  the  official 
paper  of  said  city,  or  m  any  daily  paper  published  in  said 
city,  for  thirty  consecutive  days  (exclusive  of  the  days  upon 
which   the   paper   is   not   published),   and   upon   a   day   to   be 

25:^ 


Chap.  IV.  Appendix. 

therein  named,  it  will  redeem  at  par,  upon  presentation  at 
the  office  of  said  treasurer,  the  bonds  described  in  such  ad- 
vertisement. The  said  notice  shall  be  signed  by  said  treas- 
urer, and  shall  give  the  number,  date  and  amount  of  each 
bond  so  to  be  redeemed.  The  bonds  authorized  by  this  or- 
dinance shall  be  redeemed  in  the  order  in  which  they  were 
issued— that  is  to  say,  the  bonds  bearing  the  earliest  date, 
or  being  first  issued,  shall  be  first  redeemed ;  and  any  bond 
so  advertised  for  and  designated  as  aforesaid,  and  not  being 
presented  for  redemption  upon  the  day  named  in  said  no- 
tice, shall  cease  to  bear  interest  from  and  after  such  day. 

Sec.  3.  To  provide  for  the  payment  of  interest  on  said 
bonds,  and  to  create  a  sinking  fund  for  the  redemption  of 
same,  there  is  hereby  levied,  set  apart  and  specially  a])- 
propriated  an  annual  ad  valorem  tax  on  all  property,  real, 
personal  and  mixed,  within  said  city  of  Galveston,  not  ex- 
empt from  taxation  by  the  Constitution  and  laws  of  the  State, 
of  and  at  the  rate  of  one-third  of  one  per  cent,  on  the  one 
hundred  dollars  valuation  of  said  property,  for  each  and  every 
ten  thousand  dollars  of  such  bonds  issued,  such  tax  to  be 
assessed  and  collected  annually,  until  the  principal  and  in- 
terest of  said  bonds  are  fully  paid  up  and  discharged;  and  if 
at  any  time  such  tax  shall  be  found  insufficient  to  yield  for 
the  payment  of  said  interest  and  sinking  fund.  annualh%  a 
sum  equal  to  seven  per  cent,  of  all  bonds  issued,  it  shall  be 
the  duty  of  said  city  council  to  set  apart  and  appropriate  such 
additional  amount  and  sum  of  the  general  revenues  as  may 
be  necessary  and  sufficient  to  supply  such  deficiency. 

Sec.  4.  It  shall  be  the  duty  of  the  city  treasurer  to  place 
all  moneys  collected  and  received  from  the  ad  valorem  tax 
and  general  revenue,  mentioned  in  the  foregoing  section,  to 
the  credit  of  the  interest  and  sinking  fund  of  said  bonds, 
and  shall  divide  said  revenue  between  said  interest  and  sink- 
ing fund  as  follows,  to-wit :  Five-sevenths  of  said  revenue 
to  the  credit  of  the  interest  fund,  and  two-sevenths  thereof 
to  the  credit  of  the  sinking  fund. 

Sec.  5.  The  said  city  council  shall  cause  the  said  sinking 
fund,  and  all  accretions  thereof,  to  be  invested  in  the  bonds 
hereby  authorized  to  be  issued,  in   Galveston  city  bonds,  in 

254 


Appendix.  Chap.  V. 

bonds  of  the  State  of  Texas,  or  in  bonds  of  the  United  States, 
as  they  may  from  time  to  time  determnie,  upon  the  accumu- 
lation of  each  two  thousand  dollars  of  said  fund. 

Sec.  6.  The  said  interest  and  sinking  fund  are  hereby 
made  special  funds  for  the  special  purposes  herein  named, 
and  shall  be  disbursable  only  for  the  purposes  for  which  they 
are  respectively  created ;  and  any  officer  of  said  city,  mis- 
applying said  funds,  shall  be  punished  as  prescribed  in  the 
thirty-first  section  of  the  charter  of  the  city. 

Sec.  T.  Th.e  mayor  of  said  city  and  said  committee  on 
finance  and  revenue  of  said  city  council  are  hereby  empow- 
ered to  negotiate  and  sell  the  bonds  authorized  by  this  ordi- 
nance ;  provided,  however,  that  none  of  said  bonds  shall  be 
issued  at  less  than  par,  nor  the  proceeds  of  the  same  be 
used  for  any  other  purpose  than  those  prescribed  by  sec- 
tion 132a  of  the  city  charter  as  amended  and  approved  ]\Iarch 
29,  1887. 

Sec.  8.  That  the  treasurer  of  said  city  shall,  during  the 
months  of  June  and  December  of  each  year,  not  later  than 
the  20th  of  each  of  such  months,  transmit  a  sufBciency  of 
money  in  said  interest  fund  to  such  national  or  other  bank 
or  trust  company  as  may  be  selected  by  said  city  council 
for  the  purpose  of  paying  the  interest  on  such  of  said  bonds 
in  the  city  of  New  York,  as  the  holders  thereof  may  desire, 
and  in  such  manner  as  the  mayor  and  committee  on  finance 
and  revenue  may  direct. 

Sec.  0.  That  it  shall  be  the  duty  of  the  city  clerk  to  note 
upon  the  face  of  each  bond,  as  well  as  on  the  registry  of 
same,  the  purpose  for  which  said  bonds  were  issued,  to-wit : 
"For  Waterworks,"  ''For  Street  Improvement,"  or  "For  City 
Hall,"  as  the  case  may  be. 

[Approved  October  4,  1887. 


CHAPTER  V. 

GALVESTON  FORTY-YEAR  LIMITED  DEBT  BONDS  OF  1 89 1. 

Section  1.  That  the  mayor  of  said  city  and  the  com- 
mittee on  finance  and  revenue  of  said  city  council  be  and 
they  are  hereby  authorized,  empowered  and  instructed  to 
have   engraved   and   printed  bonds   of  the   city  of   Galveston 

255 


Chap.  V.  Appendix. 

to  the  amount  of  $1,2-1:0,000,  under  and  by  virtue  of  section 
132c  of  the  charter  of  the  said  city  of  Galveston,  as  amended 
and  passed  by  the  twenty-second  legislature  of  the  State  of 
Texas,  at  its  regular  session,  in  the  year  1891,  which  bonds 
shall  be  styled  city  of  Galveston  5  per  cent.  40-years  limited 
debt  bonds,  of  1891.  Said  bonds  shall  be  payable,  forty 
years  after  the  date  of  their  issue,  to  bearer,  at  any  place  or 
places  in  the  city  of  New  York  that  may  be  designated  by 
said  city  council,  or  at  the  office  of  the  treasurer  of  the  said 
city  of  Galveston,  in  the  city  of  Galveston,  at  the  option 
of  the  holder  or  holders  of  said  bonds ;  shall  bear  interest 
at  the  rate  of  5  per  cent,  per  annum,  and  shall  have  attached 
thereto  semi-annual  coupons,  payable  in  the  city  of  New 
York  or  in  the  city  of  Galveston,  as  aforesaid,  at  the  op- 
tion of  the  holder  or  holders  thereof,  on  the  first  day  of  Jan- 
uary and  the  first  day  of  July  of  each  year :  shall  be  issued 
under  the  seal  of  said  city  of  Galveston,  in  denominations 
of  $100  or  multiples  thereof ;  shall  be  signed  by  the  mayor 
and  countersigned  by  the  city  clerk  and  treasurer  of  said 
city;  shall  be  numbered  consecutively  from  one  upwards  as 
issued,  and  shall  be  registered  by  the  city  clerk  of  said  city 
of  Galveston  and  by  the  comptroller  of  the  State  of  Texas, 
in  books  to  be  kept  by  said  officers  respectively  for  that 
purpose. 

Sec.  3.  The  proceeds  of  the  bonds,  the  issuance  and  sale 
of  which  are  provided  for  in  this  ordinance,  shall  be  used 
and  expended  as  follows : 

Two  hundred  thousand  dollars  shall  be  used  in  defraying 
the  city's  portion  of  the  cost  of  filling,  grading  and  paving 
its  streets;  provided,  that  not  more  than  $100,000  shall  be 
expended  on  such  work  in  any  one  year  from  this  fund,  or 
from  the  proceeds  of  the  issue  of  bonds  authorized  by  this  or- 
dinance. 

Forty  thousand  dollars  shall  be  used  and  expended  for 
filling  streets  and  such  property  as  the  city  may  own,  and 
which  the  city  council  may  designate  to  be  filled  or  raised ; 
the  expenditures  out  of  this  fund  not  to  exceed  in  any  one 
year  $20,000. 


256 


Appendix.  Chap.  V. 

Fifty  thousand  dollars  shall  be  employed  and  expended  in 
the  erection  of  public  school  houses  in  said  city,  under  the 
direction  and  upon  the  requisition  of  its  board  of  school  trus- 
tees. 

Fifty  thousand  dollars  shall  be  and  constitute  a  special 
fund  to  be  used  and  expended  by  the  city  council  in  abat- 
ing nuisances  on  private  property  and  for  filling,  grading 
and  paving  or  otherwise  improving  alleys  or  sidewalks  in 
said  city,  in  all  cases  where  the  parties  chargeable  with  the 
abatement  of  such  nuisance  or  with  such  filling,  grading  and 
paving  or  other  improvements  shall  fail  or  refuse  to  abate 
the  one  or  perform  the  other,  and  any  expenditure  from  this 
fund  shall  be  a  lien  and  recoverable  by  assessment  on  the 
property  in  respect  of  and  concerning  which  they  shall  be 
made,  and  when  so  recovered  they  shall  be  and  remain  a 
portion  of  such  special  fund. 

Nine  hundred  thousand  dollars  shall  be  employed  and  ex- 
pended by  the  city  council  for  and  in  the  procurement  of  an 
adequate  supply  of  fresh  water  for  said  city,  and  in  and 
for  the  erection  of  an  efificient  system  of  sewerage  and  drain- 
age, including  crematories  for  garbage,  if  found  desirable, 
and  for  the  city's  share  of  the  cost  of  filling,  grading  and 
paving  its  streets,  under  the  following  provisions :  The  city 
council  shall,  on  or  before  January  1,  1892,  apportion  said 
$900,000  as  follows: 

First.  So  much  of  said  sum  as  to  said  council  may  ap- 
pear necessary,  shall  be  set  aside  for  the  procurement  of 
said  water  supply  to  be  owned  by  the  city  or  furnished  un- 
der contracts  that  may  be  entered  into  by  the  city  with 
responsible  parties. 

Second.  So  much  of  the  remainder  of  said  sum,  if  any, 
as  to  the  city  council  may  seem  necessary,  shall  be  set  aside 
for  sewerage  and  drainage  purposes  aforesaid ;  and,  thirdly, 
the  residue,  if  any,  after  a  water  supply  and  system  of  sew- 
erage and  drainage  shall  have  been  provided  for  as  above 
contemplated,  shall  be  set  aside  to  defray  the  city's  share 
of  the  cost  of  filling,  grading  and  paving  its  streets,  when 
the  special  fund  of  $200,000  aforesaid  shall  have  been  ex- 
pended. 

257 


Chap.  V.  Appendix. 

Sec.  3.  The  city  of  Galveston  hereby  reserves  the  right 
to  redeem  at  par  the  said  bonds,  or  any  of  them,  at  any  time 
after  twenty  years  from  the  date  of  their  respective  issues, 
upon  giving  notice  by  advertisement  in  the  official  paper 
of  said  city  of  Galveston,  or  in  any  daily  paper  published  in 
said  city,  and  in  some  daily  paper  published  in  the  city  of 
New  York,  for  thirty  consecutive  days  (exclusive  of  the 
days  upon  which  the  paper  is  not  published),  that  upon  a  day 
to  be  therein  named,  the  said  city  will  redeem  at  par,  upon 
presentation  at  such  place  in  the  city  of  New  York,  to  be 
therein  named,  as  may  have  been  designated  by  the  said  city 
council,  or  at  the  office  of  the  treasurer  of  the  city  of  Gal- 
veston, in  the  said  city  of  Galveston,  the  bonds  described  in 
such  advertisement.  The  said  notice  shall  be  signed  by  said 
treasurer,  and  shall  give  the  number,  date  and  amount  of 
each  bond  to  be  so  redeemed.  The  bonds  authorized  by 
this  ordinance  shall  be  redeemed  in  the  order  in  which  they 
were  issud ;  that  is  to  say,  those  bearing  the  earliest  date,  or 
being  the  first  issued,  shall  be  first  redeemed ;  and  any  bond 
so  advertised  for  and  designated  as  aforesaid,  and  not  pre- 
sented for  redemption  upon  the  date  named  in  said  notice, 
shall  cease  to  bear  interest  from  and  after  such  day. 

Sec.  4.  To  provide  for  the  payment  of  interest  of  said 
bonds  and  to  create  a  sinking  fund  for  their  redemption,  there 
is  hereby  levied,  set  apart  and  specially  appropriated  an  annual 
ad  valorem  tax  on  all  propert}^  real,  personal  and  mixed, 
within  the  said  city  of  Galveston,  not  exempt  from  taxation 
by  the  Constitution  and  laws  of  the  State,  of  thirty-one 
one-hundredths  of  one  cent  on  every  $100  valuation  of  said 
property,  for  each  and  every  $10,000  of  such  bonds  as  may 
be  issued;  such  tax,  or  as  much  thereof  as  may  be  necessary 
for  said  purposes,  to  be  assessed  and  collected  annually, 
commencing  with  the  year  1892,  until  the  principal  and  in- 
terest of  said  bonds  are  fully  paid  and  discharged;  and  if  at 
any  time  such  tax  shall  be  found  not  to  yield,  for  the  pay- 
ment of  said  interest  and  for  said  sinking  fund,  annually,  a 
sum  equal  to  seven  per  cent,  of  all  bonds  then  issued,  it 
shall  be  the  duty  of  said  city  council  to  set  apart  and  ap- 
propriate such  additional  amount  out  of  the  general  revenue 

258 


Appendix.  Chap.  V. 

as  may  be  necessary  or  sufficient  to  supply  such  deficiency; 
provided,  however,  tliat  the  fund  sufficient  to  pay  the  in- 
terest upon  and  to  create  a  sinking  fund  necessary  to  meet 
the  bonds  appropriated  under  section  133c  of  the  charter 
for  the  erection  of  public  school  houses,  shall  be  annually 
reserved  out  of  the  taxes  levied  and  collected  for  school  pur- 
poses until  the  fund  thus  reserved  shall  be  sufficient  to  pay 
and  discharge  the  principal  and  interest  of  such  bonds. 

Sec.  5.  It  shall  be  the  duty  of  the  city  treasurer  to  place 
all  moneys  collected  and  received  from  the  ad  valorem  tax, 
the  school  tax  and  the  general  revenue  mentioned  in  the 
foregoing  section,  to  the  credit  of  the  interest  and  the  sink- 
ing fund  of  said  bonds,  and  shall  divide  said  revenue  between 
said  interest  and  said  sinking  fund,  as  follows :  Five-sev- 
enths of  said  revenue  shall  be  set  apart  to  the  credit  of  the 
interest  fund,  and  two-sevenths  to  credit  of  the  sinking  fund. 

Sec.  6.  The  said  city  council  shall  cause  the  said  sink- 
ing fund,  and  all  accretions  thereof,  to  be  -invested  in  the 
bonds  hereby  authorized  to  be  issued,  in  other  Galveston  city 
bonds,  in  bonds  of  the  State  of  Texas,  or  in  bonds  of  the 
United  States,  as  they  may,  from  time  to  time,  determine, 
upon  the  accumulation  of  each  $2,000  of  said  fund. 

Sec.  7.  The  said  interest  and  th-e  sinking  iu^d  are  hereby 
made  special  funds  for  the  special  purposes  herein  named, 
and  shall  be  disbursable  only  for  the  purposes  for  which 
they  are  respect>vely  created;  and  any  officer  of  said  city 
misapplying  said  funds  shall  be  punished  as  prescribed  in 
section  31  of  the  charter  of  the  city;  which  section  pro- 
vides that  any  officer  of  the  city  who  misapplies  any  special 
fund  shall  be  deemed  guilty  of  malfeasance  in  office,  and 
shall,  on  complaint  of  any  person  interested  in  the  special  fund 
so  misapplied,  and  on  conviction  thereof,  be  removed  and  be 
incapable  thereafter  of  holding  office  under  said  city,  and 
Rhall,  on  conviction  before  any  court  of  competent  authority, 
he  fined  in  a  sum  not  exceeding  $5,000,  and  be  imprisoned 
Mot  exceeding  six  months. 

Sec.  8.  The  mayor  of  the  said  city  of  Galveston  and  the 
<:ommittee  on  finance  and  revenue  of  said  city  council  are 
"hereby    named    and    designated    as    the    parties    to    negotiate 

259 


Appendix.  Chap.  VI. 

and  to  make  sales  of  the  bonds  authorized  by  this  ordinance 
to  be  issued,  in  such  amounts  as  the  said  city  council  may 
by  resolution  from  time  to  time  authorize  and  direct;  pro- 
vided, however,  that  none  of  said  bonds  shall  be  sold  at  less 
than  par,  nor  the  proceeds  of  the  same  be  used  for  any  other 
purposes  than  those  prescribed  by  section  132c  of  the  city 
charter  as  amended  and  passed  by  the  twenty-second  legis- 
lature at  its  regular  session  in  1891,  and  by  section  2  of 
this  ordinance. 

Sec.  !'.  The  treasurer  of  the  city  of  Galveston  shall,  dur- 
ing the  months  of  June  and  December  of  each  year,  and  not 
later  than  the  20th  day  of  each  of  said  months,  transmit  a 
sufficiency  of  money  out  of  said  interest  fund  to  such  na- 
tional or  other  bank,  or  to  such  trust  company  in  the  city 
of  New  York,  as  may  be  selected  or  designated  by  said  city 
council,  for  the  purpose  of  paying  the  interest  on  such  of 
said  bonds  in  the  said  city  of  New  York  as  the  holders  may 
desire  to  be  there  paid ;  and  in  such  manner  as  the  mayor 
and  the  committee  on  finance  and  revenue  mav  direct. 


CHAPTER  VI. 

GENERAL    INDEBTEDNESS    FUNDING    BONDS    OF    1 895. 

Section  1.  That  the  mayor  and  the  committee  on  finance 
and  revenue  of  the  city  council  of  tliis  city  be  and  they  are 
hereby  authorized  and  instructed  to  have,  engraved  bonds 
of  the  city  of  Galveston  to  the  amount  of  two  hundred  thou- 
sand dollars  ($200,000),  which  shall  be  styled  "General  In- 
debtedness Funding  Bonds  of  1895  of  the  city  of  Galveston." 
These  bonds  are  issued  under  and  by  authority  of  section 
132d  of  the  charter  of  this  city.  Said  bonds  shall  be  pay- 
able twenty  years  after  their  date  of  issuance  at  the  office 
of  the  treasurer  of  this  city,  or,  at  the  option  of  the  holder 
thereof,  at  the  fiscal  agency  of  the  city  of  Galveston  in  the 
city  and  state  of  New  York,  shall  bear  interest  at  the  rate 
of  five  per  cent,  per  annum,  payable  semi-annually,  and 
shall  have  attached  forty  coupons,  each  of  which  shall  be 
for  twenty-five  dollars,  and  shall  represent  the  interest  due 
for  six  months  on   the  bond  to  which   it   is   attached.     Said 

260 


Appendix.  Chap.  VI. 

coupons  shall  be  payable  at  the  office  of  the  treasurer  of 
this  city,  or,  at  the  option  of  the  holder  thereof,  at  the  fiscal 
agency  of  the  city  of  Galveston  in  the  city  and  state  of  New 
York.  They  shall  be  issued  under  the  seal  of  the  city, 
signed  by  the  mayor  and  countersigned  by  the  city  clerk. 
Each  bond  shall  be  of  the  denomination  of  one-thousand  dol- 
lars, and  the  bonds  shall  be  numbered  consecutively  from  one 
to  two  hundred,  inclusive  ;  they  shall  be  sold  for  cash,  and 
at  not  less  than  par ;  they  shall  be  registered  by  the  city 
clerk  in  a  bond  registered  to  be  kept  for  that  purpose,  and 
it  shall  be  the  duty  of  the  mayor,  as  soon  as  they  shall  have 
been  engraved  and  a  contract  made  for  their  sale,  to  for- 
ward them  to  the  city  of  Austin  for  registration  by  the  comp- 
troller of  this  state,  as  required  by  the  general  law. 

Sec.  2.  The  city,  however,  hereby  specially  reserves  the 
right  to  redeem  any  or  all  of  said  bonds  at  any  time  or  times, 
from  and  after  ten  ^-ears  from  their  date  of  issue,  upon 
nrst  giving  notice  of  its  purpose  and  intent  so  to  redeem  in 
a  daily  newspaper  published  in  the  city  of  Galveston,  and 
in  a  daily  newspaper  published  in  the  city  of  New  York, 
for  thirty  consecutive  days,  in  which  notice  it  shall  be  de- 
clared that  upon  a  day  therein  named  it  will  redeem  at  par, 
upon  presentation  at  the  office  of  its  treasurer,  or,  at  the 
option  of  the  holder  thereof,  at  the  fiscal  agency  of  the  city 
of  Galveston  in  the  city  and  state  of  New  York,  the  bonds 
described  in  such  advertisement.  Said  notice  shall  be  signed 
by  the  mayor  and  treasurer  of  the  city,  and  shall  specify 
the  number  of  the  bond  or  bonds  to  be  redeemed.  In  case 
of  any  redemption  before  the  bonds  shall  mature,  then  the 
bonds  shall  be  redeemed  in  the  order  of  their  issue ;  that 
is  to  say,  bond  number  one  shall  be  redeemed  before  bond 
number  two,  and  so  on  ;  any  bond  so  called  and  advertised 
for  redemption  as  hereinbefore  provided,  and  not  prese::ted 
for  redemption  on  the  day  and  date  so  designated  for  pay- 
ment, shall  cease  to  bear  interest  from  and  after  such  date. 

Sec.  3.     To   provide   for   the   payment  of   interest   on   said 
bonds,  and  to  create  a  sinking  fund  for  the  redemption  of  the 
same,  there  is  hereby  levied  and  set  apart,  and  specially  ap- 
propriated,  an   annual   ad   valorem   tax  on   all   property,   real, 
21-  261 


Chap.  VII.  Appendix. 

personal  and  mixed,  within  the  city  of  Galveston,  and  not 
exempt  from  taxation  by  the  constitution  and  laws  of  the 
State  of  Texas,  of,  and  at  the  rate  of,  8  cents  on  the  hun- 
dred dollars  on  all  of  said  property;  and  there  is  hereby  ap- 
propriated and  set  apart  sixty-six  and  two-thirds  (66  2-^)  per 
cent  of  all  such  taxes  past  due,  January  ist,  1894,  and  now 
unpaid,  to  create  a  fund  for  the  redemption  of  said  bonds, 
and  said  fund  is  hereby  declared  a  special  fund,  to  be  held 
and  applied  only  to  the  payment  of  said  bonds  until  all  of 
them  are  paid. 

Sec.  4.  Said  interest  and  sinking  fund,  as  well  as  the  propor- 
tion of  delinquent  or  back  taxes  hereinbefore  set  aside  and  ap- 
propriated, are  hereby  declared  and  created  special  funds ;  and 
they  shall  be  disbursable  only  for  the  purposes  herein  stated ; 
and  any  ofificer  of  the  city  misapplying  or  using  said  funds 
otherwise  than  as  herein  provided  shall  be  puiiished  as 
prescribed  in  the  thirty-first  section  of  the  charter  of  this 
city. 

Sec.  5.  The  mayor  and  committee  on  finance  and  reve- 
nue of  the  city  council  are  hereby  empowered  to  sell  said 
bonds;  provided,  however,  that  none  of  said  bonds  shall  be 
sold  for  less  than  par  or  except  for  cash. 

[Approved  November  12,  1895. 

CHAPTER   VII. 

FORTY-YEAR    WATER    WORKS    BONDS    OF    1 896. 

Section  1.  That  the  mayor  of  said  city  and  the  committee 
on  finance  and  revenue  of  the  city  council  of  this  city,  be, 
and  they  are,  hereby  authorized  and  instructed  to  have  printed 
and  engraved,  bonds  of  the  city  of  Galveston,  to  the  amount 
of  one  hundred  thousand  dollars  ($100,000),  which  shall  be 
styled  "Forty  Year  Water  Works  Bonds  of  1896  of  the  City 
of  Galveston."  These  bonds  are  issued  under  and  by  au- 
thority of  section  132d  of  the  charter  of  the  city  of  Galves- 
ton, as  enacted  by  the  Twenty-fourth  legislature  of  the  State 
of  Texas,  at  its  regular  session,  in  April,  1895.  Said  bonds 
shall  be  payable  forty  years  after  the  respective  dates  of 
their  issuance,  to  bearer  at  the  office  of  the  treasurer  of  this 
city,    or    at    the    option    of    the    holder  thereof,  at  the  fiscal 

262 


Appendix.  Chap.  VII. 

agency  of  the  city  of  Galveston,  in  the  city  and  State  of 
New  York,  and  shall  bear  interest  at  the  rate  of  five  (5)  per 
centum  per  annum,  payable  semi-annually;  and  shall  have 
attached  thereto  eighty  coupons,  each  of  which  shall  rep- 
resent the  interest  due  for  six  months  on  the  bond  to  which 
it  is  attached.  Said  coupons  shall  be  payable  at  the  office 
of  the  treasurer  of  this  city,  or,  at  the  option  of  the  holder 
thereof,  at  the  fiscal  agency  of  the  city  of  Galveston,  in  the 
city  and  State  of  New  York.  Said  bonds  shall  be  issued 
under  the  seal  of  the  city,  signed  by  the  mayor  and  coun- 
tersigned by  the  city  clerk.  Each  bond  shall  be  for  the  sum 
of  one  thousand  dollars  ($1,000)  ;  and  the  bonds  shall  be 
numbered  consecutively  from  "1"  to  "100"  inclusive;  they 
shall  be  sold  as  needed,  for  cash,  and  at  not  less  than  par. 
They  shall  be  registered  by  the  city  clerk  in  a  bond  registry 
book  kept  for  that  purpose,  and  it  shall  be  the  duty  of  the 
mayor  as  soon  as  they  shall  have  been  engraved  and  a  con- 
tract made  for  their  sale,  or  for  the  sale  of  such  portion 
of  them  as  may  be  needed,  to  forward  them  to  the  city  of 
Austin  for  registration  by  the  comptroller  of  this  state,  as 
required  by  the  registration  law. 

Sec.  3.  The  city,  however,  hereby  specially  reserves  the 
right  to  redeem  at  par,  any  or  all  of  said  bonds,  at  any 
time  or  times,  from  and  after  twenty  years  from  the  dates  of 
their  respective  issuance — upon  first  giving  notice  of  its  pur- 
pose and  intent  to  so  redeem  in  a  daily  newspaper  published  in 
the  city  of  Galveston  and  a  daily  newspaper  published  in 
the  city  of  New  York,  for  thirty  consecutive  days.  In  which 
notices  it  shall  be  stipulated,  that  upon  a  day  therein  named, 
it  will  redeem  at  par  upon  presentation,  at  the  office 
of  its  treasurer,  or,  at  the  option  of  the  holder  thereof,  at 
the  fiscal  agency  of  the  city  of  Galveston,  in  the  city  and 
state  of  New  York,  the  bonds  described  in  such  advertise- 
ment. Said  notices  shall  be  signed  by  the  mayor  and  the 
clerk  of  the  city,  and  shall  specify  the  number  of  the  bond 
or  bonds,  to  be  redeemed.  In  case  of  any  redemption  be- 
fore the  bonds  shall  mature,  then  the  bonds  shall  be  re- 
deemed in  the  order  of  their  issuance ;  that  is  to  say,  bond 
No.  1  shall  be  redeemed  before  No.  2,  and  so  on.     Any  bond 

263 


Chap.  VIII.  Appendix. 

so  called  and  advertised  for  redemption  as  hereinbefore  pro- 
vided, and  not  presented  for  redemption  on  the  day  and  date 
so  designated  for  payment,  shall  cease  to  bear  interest  from 
and  after  such  date. 

Sec.  ;!.  To  provide  for  payment  of  interest  on  said  bonds, 
and  to  create  a  sinking  fund  for  the  redemption  of  same, 
there  is  hereby  levied  and  set  apart  and  specially  appro- 
propriated  an  ad  valorem  tax  on  all  property,  real,  personal 
and  mixed  within  the  said  city  of  Galveston,  not  exempt  from 
taxation  by  the  constitution  and  laws  of  the  State  of  Texas — 
of  and  at  the  rate  of  three  and  six-tenths  (3  6-10)  cents  on 
the  one  hundred  dollars  valuation  of  all  of  said  property; 
such  tax  to  be  assessed  and  collected  annually,  until  the  prin- 
cipal and  interest  of  said  bonds  are  fully  paid  up  and  dis- 
charged. 

Sec.  4.  Said  interest  and  sinking  fund  hereinbefore  set 
aside  and  appropriated,  are  hereby  declared  special  funds : 
and  they  shall  be  disbursable  only  for  the  purposes  herein 
stated.  And  any  officer  of  the  city  misapplying  or  using 
said  funds  otherwise  than  as  herein  provided,  shall  be  pun- 
ished as  described  in  the  31st  section  of  the  charter  of  this 
city. 

Sec.  5.  The  mayor  of  said  city  and  committee  on  finance 
and  revenue  of  said  city  council  are  hereby  empowered  to 
negotiate  and  sell  said  bonds,  as  and  when  needed ;  provided, 
however,  that  none  of  said  bonds  shall  be  sold  for  less  than 
par,  or  except  for  cash.  And  provided  that  the  proceeds 
of  the  sale  of  said  bonds  shall  not  be  used  for  any  other 
purposes  than  those  prescribed  by  said  section  132d  of  the 
charter  of  this  city,  as  amended  by  the  Twenty-fourth  legis- 
lature in  April,  1895. 

Passed  under  suspension  of  the  rules  at  a  called  meeting 
of  the  city  council  held  March  7,  1896. 

[Approved  March  8,  1896. 

CHAPTER  VIII. 

PUBLIC   SCHOOL   HOUSE    BONDS. 

Section  1.  The  mayor  of  said  city  and  the  committee  on 
finance  and  revenue  of  the  city  council  of  said  city  be,  and 

264 


Appendix.  Chap.  VIIT. 

they  are  liereby  authorized  and  instructed  to  have  printed 
and  engraved  bonds  of  the  City  of  Galveston  to  the  amount 
of  fifty  thousand  dollars  ($50,000).  which  shall  be  styled 
"Public  School  House  Bonds"  of  the  City  of  Galveston. 
These  bonds  are  issued  under  and  by  authority  of  section  132d 
of  the  charter  of  the  City  of  Galveston  as  enacted  and  amended 
by  the  Twent3'-fourth  legislature  of  the  State  of  Texas  at 
its  regular  session  in  April,  1895  ;  said  bonds  shall  be  paya- 
ble forty  years  after  the  respective  dates  of  their  issuance 
to  bearer,  at  the  ofifice  of  the  treasurer  of  this  city,  or,  at 
the  option  of  the  holder  thereof,  at  the  fiscal  agency  of  the 
City  of  Galveston  in  the  City  and  State  of  New  York,  and 
shall  bear  interest  at  the  rate  of  five  (5)  per  centum  per 
annum,  payable  semi-annually,  and  shall  have  attached  thereto 
eighty  coupons,  each  of  which  shall  represent  the  interest 
on  the  bond  to  which  it  is  attached ;  said  bonds  shall  be  paya- 
ble at  the  office  of  the  treasurer  of  this  city,  or,  at  the  option 
of  the  holder  thereof,  at  the  fiscal  agency  of  the  City  of  Gal- 
veston in  said  City  and  State  of  New  York.  Said  bonds 
shall  be  issued  under  the  seal  of  the  city,  to  be  signed  by 
the  mayor  and  countersigned  by  the  city  clerk.  Each  bond 
shall  be  of  the  denomination  of  one  thousand  dollars  ($1,000), 
or  some  multiple  thereof,  and  the  bonds  shall  be  numbered 
consecutively  from  one  (1)  to  fifty  (50)  inclusive;  they  shall 
be  registered  by  the  city  clerk  in  a  bond  register  book  kept 
for  that  purpose,  and  it  shall  be  the  duty  of  the  maypr,  as 
soon  as  they  shall  have  been  engraved  and  a  contract  made 
for  their  sale  or  for  the  sale  of  such  of  them  as  may  be 
needed,  to  forward  them  to  the  City  of  Austin  for  registra- 
tion by  the  comptroller  of  the  State  of  Texas,  as  required  by 
the  registration  law. 

Sec.  2.  The  city,  however,  hereby  especially  reserves  the 
right  to  redeem,  at  par,  any  or  all  of  said  bonds,  at  any  time 
or  times,  from  and  after  twenty  years  from  the  dates  of 
their  respective  issuance — upon  first  giving  notice  of  its  pur- 
pose and  intent  to  so  redeem  in  a  daily  newspaper  pub- 
lished in  the  City  of  Galveston,  and  a  daily  newspaper  pub- 
lished in  the  City  of  New  York,  for  thirty  consecutive  days ; 
in  which  said  notices  it  shall  be  stipulated  that,  upon  a  day 

265 


Chap.  VIII.  Appendix. 

therein  named,  said  city  will  redeem,  at  par,  upon  presenta- 
tion at  the  office  of  its  treasurer,  or,  at  the  option  of  the 
holder  thereof,  at  the  fiscal  agency  of  the  City  of  Galveston 
in  the  City  and  State  of  New  York,  the  bonds  described 
in  such  advertisement.  Saiu  notices  shall  be  signed  by  the 
mayor  and  clerk  of  said  city,  and  shall  specify  the  number 
of  the  bond  or  bonds  to  be  redeemed.  In  case  of  any  re- 
demption before  the  bonds  shall  mature,  then  the  bonds  shall 
be  redeemed  in  the  order  of  their  issuance — that  is  to  say. 
bond  numbered  one  shall  be  redeemed  before  bond  numbered 
two,  and  so  on.  Any  bond  so  called  and  advertised  for  re- 
demption as  hereinbefore  provided,  and  not  presented  for 
redemption  on  the  day  and  date  so  designated  for  payment, 
shall  cease  to  bear  interest  from  and  after  such  date. 

Sec.  3.  To  provide  for  the  payment  of  interest  on  said 
bonds  and  to  create  a  sinking  fund  for  the  redemption  of  the 
same,  there  is  hereby  levied  and  set  apart  and  specially  ap- 
propriated an  annual  ad  valorem  tax  on  all  property,  real, 
personal  and  mixed,  within  the  said  City  ot  Galveston,  and 
not  exempt  from  taxation  under  the  Constitution  and  laws 
of  the  State  of  Texas,  of  and  at  the  rate  of  one  and  two- 
thirds  cents  (1  2-3c)  on  the  one  hundred  dollars  valuation 
of  all  of  said  property.  Said  tax  to  be  assessed  and  collected 
annually  until  the  principal  and  interest  of  said  bonds  are 
fully  paid   up   and   discharged. 

Sec.  4.  The  interest  and  sinking  fund  hereby  set  aside 
and  appropriated  are  hereb}^  declared  a  special  fund,  and 
shall  be  disbursable  only  for  the  purposes  herein  stated ; 
and  any  officer  of  the  City  of  Galveston  misappropriating 
or  using  said  funds  other  than  as  herein  provided,  shall 
be  punished  as  prescribed  in  section  31  of  the  charter  of 
the  City  of  Galveston. 

Sec.  o.  The  mayor  of  the  city  and  the  committee  on  finance 
and  revenue  of  the  city  council  are  hereb}^  empowered  to 
negotiate  and  sell  said  bonds  as  and  when  needed ;  provided, 
however,  that  none  of  said  bonds  shall  be  sold  for  less  than 
par  or  except  for  cash ;  and  provided  further,  that  the  pro- 
ceeds of  the  sale  of  said  bonds  shall  not  be  used  for  any  other 
purposes  than  those  prescribed  by   said   section   135d  of  the 

266 


Appendix.  Chap.  IX. 

charter  of  this  city,  as  amended  by  the  Twenty-fourth  legis- 
lature of  the  State  of  Texas  in  April,  1895 ;  and  provided  fur- 
ther, that  the  proceeds  of  said  bonds  shall  only  be  used 
and  expended  for  the  erection  and  improvement  of  the  pub- 
lic school  houses  of  said  city,  under  the  direction  and  upon 
the  requisition  of  its  Board  of  School  Trustees. 

Sec.  (i.  That  this  ordinance  shall  take  effect  and  be  in 
operation   from  and   after  the   date   of  its  passage. 

Passed  under  a  suspension  of  the  rules  at  an  adjourned 
regular  meeting  of  the  city  council  held  June  8,  1897. 


CHAPTER  IX. 

GENERAL    INDEBTEDNESS    FUNDING    BONDS    OF    1 89  7. 

Sectiox  1.  That  the  mayor  of  said  City  and  the  committee 
on  Finance  and  Revenue  of  the  City  Council  of  said  City  be, 
and  they  are,  hereby  authorized  and  instructed  to  have  printed 
and  engraved  bonds  of  the  City  of  Galveston  to  the  amount  of 
two  hundred  thousand  dollars  ($200,000.00).  which  shall  be 
styled  "General  Indebtedness  Funding  Bonds  of  1897  of  the 
City  of  Galveston."'  These  bonds  are  issued  under  and  bv 
authority  of  section  13'2d  of  the  Charter  of  the  City  of  Gal- 
v^eston.  as  enacted  and  amended  by  the  25th  legislature  of 
the  State  of  Texas,  at  its  regular  session  on  May  19,  1897. 
Said  bonds  shall  be  payable  forty  (40)  years  after  the  re- 
spective dates  of  their  issuance  to  bearer  at  the  ofifice  of  the 
Treasurer  of  this  City,  or,  at  the  option  of  the  holder  thereof, 
at  the  fiscal  agency  of  the  Cit}'  of  Galveston  in  the  City  and 
State  of  New  York ;  shall  bear  interest  at  the  rate  of  five 
per  centum  per  annum,  Davable  semi-arnually.  and  shall' 
fiave  attached  thereto  eight}^  (80)  coupons,  each  of  which 
shall  represent  the  interest  due  for  six  months  on  the  bond 
to  which  it  is  attached.  Said  coupons  shall  be  payable  at 
the  office  of  the  Treasurer  of  this  City,  or,  at  the  option  of 
the  holder  thereof,  at  the  fiscal  agency  of  the  City  of  Gal- 
veston, in  said  City  and  State  of  New  York.  Said  bonds 
shall  be  issued  under  the  seal  of  the  City,  be  signed  by  the 
Mayor  and  countersigned  by  the  City  Clerk.  Each  bond 
shall  be  of  such  denomination  as  the  ^layor  mav  deem  proper; 

267 


Chap-  IX.  Appendix. 

and  the  bonds  to  be  numb'ered  consecutively  from  one  to  two 
hundred,  mckisive.  They  shall  be  registered  by  the  City 
Clerk  in  a  Bond  Register  Book  kept  for  that  purpose,  and 
it  shall  be  the  duty  of  the  Mayor,  as  soon  as  they  shall  have 
been  engraved  and  a  contract  made  for  their  sale,  or  for 
the  sale  of  such  portion  of  them  as  may  be  needed,  to  for- 
ward them  to  the  City  of  Austin  for  registijation  by  the 
Comptroller  of  this  State  as  required  by  the  registration  laws. 

Sec.  2.  The  City,  however,  specially  reserves  the  right  to 
redeem  at  par  any  or  all  of  said  bonds,  at  any  time  or  times, 
from  and  after  twenty  years  from  the  dates  of  their  respect- 
ive issuance,  upon  first  giving  notice  of  its  purpose  and  in- 
tent to  so  redeem  in  a  daily  newspaper  published  in  the  City 
of  Galveston,  and  a  dail}'  ncAvspaper  published  in  the  City 
of  New  York,  for  thirty  (30)  consecutive  days ;  in  which 
notices  it  shall  be  stipulated  that  upon  a  day  therein  named 
the  said  City  will  redeem  at  par,  upon  presentation  at  the 
office  of  its  Treasurer,  or,  at  the  option  of  the  holder  thereof, 
at  the  fiscal  agency  of  the  City  of  Galveston  in  the  City  and 
State  of  New  York,  the  bonds  described  in  such  advertise- 
ment. Said  notice  shall  be  signed  by  the  Mayor  and  Clerk 
of  said  City,  and  shall  specify  the  numbers  of  the  bond  or 
bonds  to  be  redeemed.  In  case  of  any  redemption  before  the 
bonds  shall  mature,  then  the  bonds  shall  be  redeemed  in 
the  order  of  their  issuance — that  is  to  say,  bond  numbered  one 
(1)  shall  be  redeemed  before  bond  numbered  (2),  and  so  on. 
Any  bond  so  called  and  advertised  for  redemption  as  herein- 
before provided,  and  not  presented  for  redemption  on  the 
day  and  date  so  designated  for  payment,  shall  cease  to  bear 
interest  from  and  after  such  date. 

Sec.  3.  To  provide  for  the  payment  of  the  interest  on 
said  bonds,  and  to  create  a  sinking  fund  for  the  redemption 
of  the  same,  there  is  hereby  levied  and  set  apart  and  specially 
appropriated  an  annual  ad  valorem  tax  on  all  property — real, 
personal  and  mixed— within  the  said  City  of  Galveston,  and 
not  exempt  from  taxation  under  the  Constitution  and  laws  of 
the  State  of  Texas,  of  and  at  the  rate  of  six  and  two-thirds 
cents  on  the  one  hundred  dollars  valuation  of  all  of  said  prop- 
erty.    Such  tax  to  be  assessed  and  collected  annually,  until 

268 


Appendix.  Chap.  X. 

the  principal  and  interest  of  said  bonds  are  fully  paid  up 
and  discharged. 

Sec.  i.  Said  interest  and  sinking  fund  hereinbefore  set 
aside  and  appropriated  are  hereby  declared  and  created  a 
special  fund,  and  they  shall  be  disbursable  only  for  the  pur- 
poses herein  stated,  and  any  ofificer  of  the  City  misappro- 
priating or  using  said  funds  otherwise  than  as  herein  pro- 
vided shall  be  punished  as  prescribed  in  section  31  of  the 
Charter  of  this  City. 

Sec.  5.  The  mayor  of  said  City  and  the  Committee  on 
Finance  and  Revenue  of  said  City  Council  are  hereby  em- 
powered to  negotiate  and  sell  said  bonds  as  and  when  needed, 
provided,  however,  none  of  said  bonds  shall  be  sold  for 
less  than  par  or  except  for  cash ;  and  provided  further,  that 
the  net  proceeds  of  the  sale  of  said  bonds  shall  not  be  used 
for  any  other  purposes  than  those  prescribed  by  section  132d 
of  the  Charter  of  this  City,  as  amended  by  the  25th  legis- 
lature of  the  State  of  Texas  on  May  19,  1897. 

Sec.  G.  That  this  ordinance  shall  take  effect  and  be  in 
operation  from  and  after  the  date  of  its  passage. 

Passed  Under  a  suspension  of  the  rules  at  regular  meeting 
of  the  City  Council  held  September  7,  1897. 

[Approved  Septembers,  1897. 


CHAPTER  X. 

SEWERAGE   BONDS    OF   THE  CITY    OF   GALVESTON. 

Section  1.  That  the  mayor  of  said  City  and  the  committee 
on  Finance  and  Revenue  of  the  City  Council  of  said  City  be. 
and  they  are,  hereby  authorized  and  instructed  to  have  printed 
and  engraved  bonds  of  the  City  of  Galveston  to  the  amount 
of  three  hundred  thousand  ($300,000.00)  dollars,  which  shall 
be  styled  "Sewerage  Bonds  of  the  City  of  Galveston."  These 
bonds  are  issued  under  and  by  authority  of  section  132d  of  the 
Charter  of  the  City  of  Galveston,  as  enacted  by  the  25th  Legis- 
lature of  the  State  of  Texas,  at  its  regular  session  on  l\lay  19, 
1897.  Said  bonds  shall  be  payable  forty  years  after  the 
respective  dates  of  their  issuance,  to  bearer,  at  the  office  of 
the  Treasurer  of  the  said  City  of  Galveston,  or,  at  the  option 
of  the  holder  thereof,  at  the  fiscal  agency  of  the  City  of  Gal- 

269 


Chap.  X.  Appendix. 

veston  in  the  City  and  State  of  New  York;  shall  bear  inter- 
est at  the  rate  of  five  per  centum  per  annum,  payable  semi- 
annually, and  shall  have  attached  thereto  eighty  coupons, 
each  of  which  shall  represent  the  interest  due  for  six  months 
on  the  bond  to  which  it  is  attached;  said  coupons  shall  be 
payable  at  the  ofhce  of  the  Treasurer  of  said  City,  or,  at  the 
option  of  the  holder  thereof,  at  the  fiscal  agency  of  the  City 
of  Galveston  in  the  City  and  State  of  New  York.  Said  bonds 
shall  be  issued  under  the  seal  of  the  City,  signed  by  the 
Mayor  and  countersigned  by  the  City  Clerk.  Each  bond 
shall  be  for  the  sum  of  one  thousand  ($1,000.00)  dollars, 
and  the  bonds  shall  be  numbered  consecutively  from  one 
to  three  hundred,  inclusive.  They  shall  be  sold  as  needed — 
for  cash  and  at  not  less  than  par.  They  shall  be  registered 
by  the  City  Clerk  in  a  bond  registry  book  kept  for  that  pur- 
pose and  it  shall  be  the  duty  of  the  Mayor,  as  soon  as 
said  bonds  shall  have  been  issued,  and  before  such  bonds  are 
offered  for  sale,  or  before  the  sale  of  said  portion  of  them 
as  may  be  needed,  to  forward  the  same  to  the  Comptroller 
of  the  State  of  Texas,  for  registration  by  the  Comptroller 
of  said  State,  after  approval  by  the  Attorney  General,  as 
required  by  the  registration  law  of  the  State  of  Texas. 

Sec.  2.  The  City,  however,  specially  reserves  the  right 
to  redeem  at  par  any  or  all  of  said  bonds  at  any  time  or  times 
from  and  after  twenty  years  from  the  dates  of  their  respective 
issuance,  upon  first  giving  notices  of  its  purpose  and  in- 
tent to  so  redeem  in  a  daily  newspaper  published  in  the  City 
of  Galveston,  and  a  daily  newspaper  published  in  the  City 
of  New  York,  for  thirty  consecutive  days,  in  which  no- 
tices it  shall  be  stipulated  that  upon  a  day  therein  named 
it  will  redeem  at  par,  upon  presentation  at  the  office  of  its 
Treasurer,  or,  at  the  option  of  the  holder  thereof,  at  the  fiscal 
agency  of  the  City  of  Galveston  in  the  City  and  State  of 
New  York,  the  bonds  described  in  such  advertisement.  Said 
notices  shall  be  signed  by  the  Treasurer  of  the  City  and  shall 
specify  the  number  of  the  bond  or  bonds  to  be  redeemed.  In 
case  of  no  redemption  before  the  bonds  shall  mature,  then 
the  bonds  shall  be  redeemed  in  the  order  of  their  issuance 
— that  is  to  say,  bond  number  one  shall  be  redeemed  before 

270 


Appendix.  Chap.  X. 

bond  number  two,  and  so  on.  Any  bond  so  called  and  ad- 
vertised for  redemption,  as  hereinbefore  provided,  and  not 
presented  for  redemption  on  the  day  and  date  so  designated 
for  payment,  shall  cease  to  bear  interest  from  and  after  such 
date. 

Sec.  3.  To  provide  for  the  payment  of  interest  on  said 
bonds,  and  to  create  a  sinking  fund  of  two  and  one-half  per 
cent  for  the  redemption  of  the  same,  there  is  hereby  levied 
and  set  apart  and  specially  appropriated,  an  annual  ad  va- 
lorem tax  on  all  property — real,  personal  and  mixed — within 
the  said  City  of  Galveston,  not  exempt  from  taxation  by 
the  Constitution  and  laws  of  the  State  of  Texas,  of  and  at 
the  rate  of  ten  cents  on  the  one  hundred  dollars  valuation 
of  all  of  said  property,  and  such  tax,  or  so  much  thereof  as 
may  be  necessary,  shall  be  assessed  and  collected  annually, 
until  the  principal  and  interest  of  said  bonds  are  fully  paid 
up  and  discharged. 

Sec.  4.  Said  interest  and  said  sinking  fund  hereinbefore 
set  aside  and  appropriated,  are  hereby  declared  special  funds 
for  the  special  purpose  herein  named,  and  they  shall  be 
disbursable  only  for  the  purposes  herein  stated;  provided, 
however  that  the  said  sinking  fund  of  said  sewerage  bonds 
may,  from  time  to  time,  as  the  said  City  Council  may  di- 
rect, be  invested  in  bonds  of  this  series  or  in  other  bonds 
of  the  said  City  yielding  the  best  interest,  and  any  officer 
of  the  City  misapplying  or  using  said  funds  otherwise  than 
herein  provided,  shall  be  punished  as  described  in  the  Thirty- 
first    section    of    the    Charter    of    this    City. 

Sec.  5.  The  Mayor  of  said  City  and  the  Committee  on 
Finance  and  Revenue  of  said  City  Council  are  hereby  au- 
thorized and  empowered  to  negotiate  and  sell  the  said  bonds 
as  and  when  needed,  provided,  however,  that  none  of  said 
bonds  shall  be  sold  for  less  than  par  or  except  for  cash,  and 
provided,  that  the  proceeds  of  the  sale  of  said  bonds  shall  not 
be  used  for  any  other  purposes  than  those  described  by  said 
Section  132d  of  the  Charter  of  this  City  as  enacted  by  the 
25th  Legislature  on  Alay  19,  1897. 

Sec.  6.  And  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  date  of  its  passage. 

•271 


Chap.  XI.  Appendix. 

Passed  under  a  suspension  of  the  rules  at  a  regular  meet- 
ing- of  the  City  Council  held  December  6,  1897. 

[Approved  December  11,  1897. 


CHAPTER  XL 

TAXES    FOR    1894. 

Section  1.  That  there  is  hereby  levied  for  general  pur- 
poses, for  the  municipal  year  beginning  March  1,  1894,  an 
ad  valorem  tax  on  all  real,  personal  and  mixed  property  within 
the  City  of  Galveston,  not  exempt  from  taxation  by  the  Con- 
stitution and  laws  of  the  State  of  Texas,  of  and  at  the  rate 
of  sixty-eight  and  three-tenths  (68  3-10)  cents  on  the  one 
hundred  dollars  valuation  of  said  property.  The  meaning  of 
the  term  "personal  property,"  as  used  in  this  ordinance,  is,  and 
is  intended  to  be,  the  same  as  conveyed  and  defined  in  title  5, 
article  6,  section  84,  of  the  City  Charter,  and  the  meaning 
of  the  term  "real  property,"  as  used  in  this  ordinance  is,  and 
is  intended  to  be,  the  same  as  conveyed  and  defined  in  title  5, 
article  5,  section  83,  of  said  Charter. 

Sec.  2.  That  there  is  hereby  levied  for  said  municipal  year 
a  poll  tax  of  one  dollar  on  each  and  every  male  person  be- 
tween the  ages  of  twenty-one  (;21)  years  and  sixty  (GO)  years, 
who  has  resided  in  the  City  of  Galveston  six  months  prior  to 
the  first  day  of  March,  1894. 

Sec.  3.  That  .to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  the  City  of  Galveston,  there  is 
hereby  levied  tor  the  said  year,  upon  all  property  described 
in  the  first  section  hereof,  the  several  ad  valorem  taxes  and 
for  account  of  the  several  bonds  hereinafter  specified,  to-wit : 
Forty  years  limited  debt  bonds — ordinance  approved  June  23, 
1881 ;  a  tax  of  and  at  the  rate  of  twenty-five  and  four-tenths 
(25  4-10)  cents  on  the  one  hundred  dollars  valuation  of  said 
property.  Forty  years  water  works,  street  improvements  and 
city  hall  bonds — ordinance  approved  October  4,  1887 ;  a  tax 
of  and  at  the  rate  of  six  and  two-tenths  (6  2-10)  cents  on  the 
one  hundred  dollars  valuation  of  said  property.  Bonds  to 
purchase  block  321 — ordinance  approved  February  3,  1878 ; 
a  tax  of  and  at  the  rate  of  three  (3)  cents  on  the  one  hun- 
dred   dollars    valuation    of    said    property.     Fire    department 

272 


Appendix.  Chap.  XII. 

bonds  for  erection  of  eng-ine  houses ;  a  tax  of  and  at  the  rate 
of  seven-tenths  (T-IO)  of  one  cent  on  the  one  hundred  dol- 
lars valuation  of  said  property.  Forty  years  limited  debt 
bonds  of  1891 — ordinance  approved  October  8,  1891 ;  a  tax  of 
and  at  the  rate  of  twenty-five  and  one-tenth  (25  1-10)  cents 
on  the  one  hundred  dollars  valuation  of  said  property. 

Sec.  1.  That  to  provide  a  fund  to  meet  the  estimated  ex- 
penses of  operating-  and  maintaining  the  John  Sealy  hospital, 
there  is  hereby  levied  for  said  municipal  year,  on  all  prop- 
erty described  by  the  first  section  of  this  ordinance,  a  tax 
of  and  at  the  rate  of  seven  and  four-tenths  (7  1-10)  cents  on 
the  one  hundred  dollars  valuation  of  said  property. 

Sec.  5.  That  to  provide  a  special  reserve  fund  as  pro- 
vided by  section  29,  clause  2,  of  the  City  Charter,  there  is 
hereby  levied  for  said  municipal  year,  on  all  the  property 
described  by  the  first  section  of  this  ordinance,  a  tax  of  and 
at  the  rate  of  two  and  eight-tenths  (2  8-10)  cents  on  the 
one  hundred  dollars  valuation  of  said  property. 

Sec.  6.  That,  to  provide  a  fund  from  which  to  pay,  if 
found  necessary,  two  and  one-half  per  cent  commission  on 
forty-year  limited  debt  bonds  of  1891  when  sold  there  is  hereby 
levied  for  said  municipal  year  on  all  property  described  by 
the  first  section  hereof,  a  tax  of  and  at  the  rate  of  eleven  and 
one-tenth  (11  1-10)  cents  on  the  one  hundred  dollars  val- 
uation of  said  property. 

.Sec.  7.  That  the  taxes  herein  and  hereby  levied  shall  be- 
come due  and  payable  on  September  1,  1894,  and  shall  bear  in- 
terest at  the  rate  of  eight  (8)  per  cent  per  annum  from  Oc- 
tober 1,  A.  D.  1891,  until  paid. 


CHAPTER  XII. 

TAXES    FOR    1895. 

That  an  ordinance,  entitled  an  ordinance  to  levy  taxes  for 
the  municipal  year,  beginning  March.  1st,  1895,  be,  and  is 
hereby  amended,  so  as  to  read  as  follows : 

Section  1.  That  there  is  hereby  levied  for  general  pur- 
poses for  the  municipal  year,  beginning  March  1st,  1895,  an 
ad    valorem    tax    on    all    real,    personal    and    mixed    property 

278 


Chap.  XII.  Appendix. 

within  the  City  of  Galveston,  not  exempt  from  taxation  by 
the  Constitution  and  laws  of  the  State  of  Texas,  of  and  at 
the  rate  of  forty-seven  and  one-quarter  (4734)  cents  on  the 
one  hundred  dollars  valuation  of  said  property.  The  mean- 
ing of  the  term  "personal  property,"  as  used  in  this  ordinance, 
is,  and  is  intended  to  be,  the  same  as  conveyed  and  defined  in 
title  5,  article  6,  section  84,  of  the  city  charter,  and  the  meaning 
of  the  term  "real  propert}^"  as  used  in  this  ordinance,  is, 
and  is  intended  to  be,  the  same  as  conveyed  and  defined  in  title 
5,  article  5,  section  83,  of  said  Charter. 

Sec.  2.  That  there  is  hereby  levied  for  said  municpal  year, 
a  poll  tax  of  one  dollar  on  each  and  every  male  person,  be- 
tween the  ages  of  twenty-one  (21)  years  and  sixty  (60)  years, 
who  has  resided  in  the  City  of  Galveston  six  months  prior  to 
the  first  day  of  March,  1895. 

Sec.  3.  That  to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  the  City  of  Galveston,  there  is 
hereby  levied  for  the  said  year,  upon  all  property  described 
in  the  first  section  hereof,  the  several  ad  valorem  taxes, 
and  for  account  of  the  several  bonds  hereinafter  specified, 
to-wit : 

Forty  Years  Limited  Debt  Bonds — Ordinance  approved 
June  23d,  1881 ;  a  tax  of,  and  at  the  rate  of,  twenty-seven 
and  one-fourth  (27 j4)  cents  on  the  one  hundred  dollars  val- 
uation of  said  property. 

Forty  Years  Water  Works,  Street  Improvement  and  City 
Hall  Bonds — Ordinance  approved  October  4th,  1887 ;  a  tax 
of,  and  at  the  rate  of,  fourteen  (14)  cents  on  the  one  hundred 
dollars  valuation  of  said-  property. 

Bonds  to  Purchase  Block  321 — Ordinance  approved  Feb- 
ruary 3d,  1873 ;  a  tax  of,  and  at  the  rate  of,  two  (2)  cents  on 
the  one  hundred  dollars  valuation  of  said  property. 

Fire  Department  Bonds — One  cent  on  the  one  hundred 
dollars. 

John  Sealy  Hospital — Seven  cents  on  the  one  hundred 
dollars. 

Special  Reserve  Fund — Four  and  one-half  cents  on  the  one 
hundred  dollars. 


274 


Appendix.  Chap.  XIII. 

CHAPTER  XIII. 

TAXES   FOR    1896. 

Section  1.  That  there  is  hereby  levied  for  general  pur- 
poses for  the  municipal  year  beginning  March  1,  1896,  an 
ad  valorem  tax  on  all  real,  personal  and  mixed  property  within 
the  City  of  Galveston,  not  exempt  from  taxation  by  the  Con- 
stitution and  laws  of  the  State  of  Texas,  of  and  at  the  rate 
of  sixty-three  and  three-fourths  cents  on  the  one  hundred 
dollars  valuation  of  said  property.  The  meaning  of  the  term 
"Personal  Property,"  as  used  in  this  ordinance,  is,  and  is 
intended  to  be,  the  same  as  conveyed  and  defined  in  title  5, 
article  6,  section  84,  of  the  Citv  Charter:  and  the  meaning 
of  the  term  "Real  Property,"  as  used  in  this  ordinance,  is. 
and  is  intended  to  be,  the  same  as  conveyed  and  defined  in  title 
5,  article  5,  section  83,  of  said  Charter. 

Sec.  2.  That  there  is  hereby  levied  for  said  municipal  year, 
a  poll  tax  of  one  dollar  on  each  and  every  male  person  be- 
tween the  ages  of  twenty-one  (21)  years  and  sixty  (60) 
years,  who  has  resided  in  the  City  of  Galveston  six  months 
prior  to  the  first  day  of  March,  1896. 

Sec.  3.  That,  to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  the  City  of  Galveston  there  is 
hereby  levied  for  the  said  year,  upon  all  property  described 
in  the  first  section  hereof,  the  several  ad  valorem  taxes,  and 
for  account  of  the  several  bonds,  hereinafter  specified,  to-wit: 
Forty  Years  Limited  Debt  Bonds  of  1881 ;  ordinance  approved 
June  3,  1881,  a  tax  of  and  at  the  rate  of  twenty-two  (22) 
cents  on  the  one  hundred  dollars  valuation  of  said  property. 
Forty  Years  Water  Works,  Street  Improvements  and  City 
Hall  bonds;  ordinance  approved  October  4,  1887,  a  tax  of 
and  at  the  rate  of  fourteen  and  seven-tenths  (14  7-10)  cents 
on  the  one  hundred  dollars  valuation  of  said  property. 
Bonds  to  purchase  block  321 ;  ordinance  approved  February 
3,  1873,  a  tax  of  and  at  the  rate  of  one  and  sixty-five  one 
hundredths  (1  65-100)  cents  on  the  one  hundred  dollars  val- 
uation of  said  property.  Forty  Year  Limited  Debt  Bonds 
of  1891;  ordinance  approved  October  8,  1891,  a  tax  of  and  at 
the  rate  of  thirty-one  and  three-tenths  (31  3-10)  cents  on 
the  one  hundred  dollars  valuation  of  said  property.     Twenty 

275 


Chap.  XIY.  Appendix. 

Year  General  Indebtedness  Funding  Bonds  of  1805  ;  ordinance 
approved  November  12,  1895,  a  tax  of  and  at  the  rate  of 
five  and  two-tenths  (5  2-10)  cents  on  the  one  hundred  dol- 
lars valuation  of  said  property. 

Sec.  4.  That  to  provide  a  fund  to  meet  the  estimated  ex- 
penses of  operating  and  maintaining  the  John  Sealy  Hospital, 
there  i?  hereby  levied  for  said  municipal  year,  on  all  prop- 
erty described  in  the  first  section  of  this  ordinance,  a  tax  of 
and  at  the  rate  of  five  and  one-half  (5>4)  cents  on  the  one 
hundred  dollars  valuation  of  said  property. 


CHAPTER  XIV. 

TAXES    FOR    1897. 

Section  1.  That  there  is  hereby  levied  for  general  pur- 
poses for  the  municipal  year  beginning  March  1.  1897,  an 
ad  valorem  tax  on  all  real,  personal  and  mixed  property  within 
the  City  of  Galveston,  not  exempt  from  taxation  by  the  Con- 
stitution and  laws  of  the  State  of  Texas,  of  and  at  the  rate 
of  fifty-four  and  one-half  cents  (54i/>c)  on  the  one  hundred 
dollars  valuation  of  said  property.  The  meaning  of  the  term 
"personal  property,"  as  used  in  this  ordinance,  is,  and  is  in- 
tended to  be,  the  same  as  conveyed  and  defined  in  title  5, 
article  6,  section  84,  of  the  City  Charter;  and  the  meaning 
of  the  term  "real  property,"  as  used  in  this  ordinance,  is, 
and  is  intended  to  be,  the  same  as  conveyed  and  defined 
in  title  5,  article  5,  section  83,  of  said  City  Charter. 

Sec.  2.  That  there  is  hereby  levied  for  said  municipal  year 
a  poll  tax  of  one  dollar  ($1.00)  on  each  and  every  male  per- 
son between  the  ages  of  twenty-one  years  and  sixty  years, 
who  has  resided  in  said  City  of  Galveston  six  inonths  prior 
to  the  first  day  of  March,  1897. 

Sec.  3.  That,  to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  said  City  of  Galveston,  there  is 
hereby  levied  for  the  said  year  upon  all  property  described 
in  the  first  section  hereof,  the  several  advalorem  taxes  and 
for  account  of  the  several  bonds  hereinafter  specified,  to-wit : 

Forty-Years   Limited   Debt   Bonds   of   1881,   ordinance   ap- 

276 


Appendix.  Chap.  XV. 

proved  June  3,  1881,  a  tax  of  and  at  the  rate  of  twenty  cents 
(20c)  on  the  one  hundred  dollars  valuation  of  said  property. 

Forty-Years  \\''ater-A\'orks,  Street  Improvements  and  City 
Hall  Bonds,  ordinance  approved  October  4,  1887,  a  tax  of  and 
at  the  rate  of  sixteen  cents  (16c)  on  the  one  hundred  dollars 
valuation   of   said   property; 

Forty-Years  Limited  Debt  Bonds  of  1891,  ordinance  ap- 
proved October  8,  1891,  a  tax  of  and  at  the  rate  of  twenty- 
eight  cents  (28c)  on  the  one  hundred  dollars  valuation  of 
said  property; 

Twenty-Years  General  Indebtedness  Funding  Bonds  of 
1895,  ordinance  approved  November  12,  1895,  a  tax  of  and 
at  the  rate  of  five  cents  (5c)  on  the  one  hundred  dollars  val- 
uation of  said  property ; 

Forty-Years  Water-Works  Bonds  of  1896,  ordinance  ap- 
proved March  7,  1896,  a  tax  of  and  at  the  rate  of  one  cent 
(Ic)  on  the  one  hundred  dollars  valuation  of  said  property. 

Bonds  to  Purchase  Blo'ck  Three  Hundred  and  Twenty-onfe, 
ordinance  approved  February  3,  1873,  a  tax  of  and  at  the 
rate  of  two  cents  (2c)  on  the  one  hundred  dollars  valuation  o\ 
said  property. 

Sec.  -1.  That  to  provide  a  fund  to  meet  the  estimated  ex- 
penses of  operating  and  maintaining  the  John  Sealy  Hospital, 
there  is  hereby  levied  for  said  municipal  year,  on  all  piop- 
erty  described  in  the  first  section  of  this  ordinance,  a  tax  of 
and  at  the  rate  of  two  cents  (2c)  on  the  one  hundred  dollars 
valuation  of  said  property. 


CHAPTER  XV. 

TAXES    FOR    1898. 

Section  1.  That  there  is  hereby  levied  for  general  pur- 
poses for  the  municipal  year  beginning  March  1,  1898,  an  ac" 
valorem  tax  on  all  real,  personal  and  mixed  property  within 
the  city  of  Galveston,  not  exempt  from  taxation  by  the  con- 
stitution and  laws  of  the  State  of  Texas,  of  and  at  the  rate  of 
eighty-five  and  six-tenths  cents  on  the  one  hundred  dollar:; 
valuation  of  said  property. 

22-  277 


Chap.  XV.  Appendix. 

Sec.  2.  That  there  is  hereby  levied  for  said  municipal  year 
a  poll  tax  of  one  dollar  on  each  and  every  male  person  between 
the  ages  of  21  and  GO  years,  who  has  resided  in  the  city  of 
Galveston  six  months  prior  to  the  first  day  of  March,  1898. 

Sec.  3.  To  provide  for  the  interest  and  sinking  funds  upon 
outstanding  bonds  of  the  city  of  Galveston,  there  is  hereby 
levied  for  the  said  year  upon  all  property  described  in  the 
first  section  hereof,  the  several  ad  valorem  taxes  and  for  ac- 
count of  the  several  bonds  hereinafter  specified,  to-wit : 

Forty  year  limited  debt  bonds  of  1881 ;  ordinance  approved 
June  3,  1881,  a  tax  of  and  at  the  rate  of  seventeen  (17)  cents 
on  the  one  hundred  dollars'  valuation  of  said  property. 

Forty-year  water  works,  street  improvement  and  city  hall 
bonds,  ordinance  approved  October  4,  1887,  a  tax  of  and  at 
the  rate  of  twelve  and  seven-tenths  (12  7-10)  cents  on  the  one 
hundred  dollars'  valuation  of  said  property. 

Bonds  to  purchase  block  three  hundred  and  twenty-one 
(321),  ordinance  approved  February  .').  1873,  a  tax  of  and  at 
the  rate  of  two  and  two-tenths  (2  2-10)  cents  on  the  one  hun- 
dred dollars'  valuation  of  said  property. 

Forty-year  limited  debt  bonds  of  18!»1,  ordinance  approved 
October  8,  1891,  a  tax  of  and  at  the  rate  of  twenty-six  and 
one-half  (263^)  cents  on  the  one  hundred  dollars'  valuation 
of  said  property. 

Twenty-year  general  indebtedness  funding  bonds  of  1895, 
ordinance  approved  November  12,  1895.  a  tax  of  and  at  the 
rate  of  three  and  seven-tenths  (3  7-10)  cents  on  the  one  hun- 
dred dollars'  valuation  of  said  property. 

Forty-year  water  works  bonds  of  189G,  ordinance  approved 
March  8,  1897,  a  tax  of  and  at  the  rate  of  one  (1)  cent  on  the 
one  hundred  dollars'  valuation  of  said  property. 

Public  school  house  bonds ;  ordinance  approved  June  8,  1897, 
a  tax  of  and  at  the  rate  of  one-tenth  of  one  (1-10)  cent  on  the 
one  hundred  dollars'  valuation  of  said  property. 

General  indebtedness  funding  bonds  of  1897,  ordinance  ap- 
proved September  8,  1897,  a  tax  of  and  at  the  rate  of  one  and 
eight-tenths  (1  8-10)  cents  on  the  one  hundred  dollars'  valu- 
ation of  said  property. 


278 


Appendix.  Chap.  XVL 

Sec.  -t.  That  to  provide  a  fund  to  meet  the  estimated  ex- 
pense of  operating  and  maintaining  the  John  Sealy  Hospital, 
there  is  hereby  levied  for  said  municipal  year  on  all  property 
described  in  the  first  section  of  this  ordinance  an  ad  valorem 
tax  of  and  at  the  rate  of  one  and  six-tenths  (1  G-10)  cents  on 
the  one  hundred  dollars'  valuation  of  said  property. 

Sec.  5.  That  to  provide  a  special  reserve  fund,  as  provided 
by  section  29,  clause  2,  of  the  Charter  of  the  City  of  Galveston, 
there  is  hereby  levied  for  said  municipal  year  on  all  the  prop- 
erty described  in  the  first  section  of  this  ordinance  an  ad  va- 
lorem tax  of  and  at  the  rate  of  four  and  eight-tenths  (4  8-10"^ 
cents  on  the  one  hundred  dollars'  valuation  of  said  property. 

Sec.  ().  That  the  taxes  herein  and  hereby  levied  shall  be 
and  become  due  and  payable  on  September  1,  1898,  and  shall 
bear  interest  at  the  rate  of  eight  per  centum  per  annum  from 
October  1.  A.  D.  1898,  until  paid. 


CHAPTER  XVI. 

TAXES    FOR    1899. 

Section  1.  That  there  is  hereby  levied  for  general  purposes 
for  the  municipal  year  beginning  March  1,  1899,  an  ad  valorem 
tax  on  all  real,  personal  and  mixed  property,  within  the  city  of 
Galveston,  not  exempt  from  taxation  by  the  Constitution  and 
laws  of  the  State  of  Texas,  of  and  at  the  rate  of  seventy-eight 
and  five-tenths  (78  5-10)  cents  on  the  one  hundred  dollars' 
valuation  of  said  property.  The  meaning  of  the  term  "personal 
property,"  as  used  in  this  ordinance,  is  and  is  intended  to  be 
the  same  as  conveyed  and  defined  in  title  5,  article  G,  section 
81  of  the  charter  of  the  city  of  Galveston  ;  and  the  meaning  of 
the  term  "real  property,"  as  used  in  this  ordinance,  is  and  is 
intended  to  be  the  same  as  conveyed  and  defined  in  title  5, 
article  5,  section  83,  of  the  city  charter. 

Sec.  2.  That  there  is  hereby  levied  for  said  municipal  year 
a  poll  tax  of  one  dollar  on  each  and  every  male  person,  be- 
tween the  ages  of  twenty-one  and  sixty  years,  who  has  resided 
in  the  city  of  Galveston  six  months  prior  to  the  first  day  of 
^larch,  1899. 

279 


Chap.  XVL  Appendix. 

Sec.  3.  That  to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  the  city  of  Galveston,  there  is 
hereby  levied  for  the  said  year  upon  all  property  described  in 
the  first  section  hereof,  the  several  ad  valorem  taxes  and  for 
account  of  the  several  bonds  hereinafter  specified,  to-wit : 

Forty-year  limited  debt  bonds  of  1881 ;  ordinance  approved 
June  3,  1881,  a  tax  of  and  at  the  rate  of  eighteen  (18)  cents  on 
the  one  hundred  dollars  valuation  of  said  property. 

Forty-year  water  works,  street  improvement  and  city  hall 
bonds;  ordinance  approved  October  4,  1887,  a  tax  of  and  at  the 
rate  of  fourteen  (14)  cents  on  the  one  hundred  dollars'  valu- 
ation of  said  propert}^ 

Bonds  CO  purchase  block  three  hundred  and  twenty-one 
(321)  ;  ordinance  approved  February  3,  1873,  a  tax  of  and  at 
the  rate  of  one  and  six-tenths  (1  G-10)  cents  on  the  one  hun- 
dred dollars'  valuation  of  said  property. 

Forty-year  limited  debt  bonds  of  1891 ;  ordinance  approved 
October  8,  1891,  a  tax  of  and  at  the  rate  of  twenty-eight  (28) 
cents  on  the  one  hundred  dollars  valuation  of  said  property. 

Twenty-year  general  indebtedness  funding  bonds  of  1895 ; 
ordinance  approved  November  12,  1895,  a  tax  of  and  at  the 
rate  of  four  (4)  cents  on  the  one  hundred  dollars'  valuation  of 
said  property. 

Forty-year  water  works  bonds  of  1S9G  ;  ordinance  approved 
March  8,  189(;,  a  tax  of  and  at  the  rate  of  one  (1)  cent  on  the 
one  hundred  dollars'  valuation  of  said  propertv. 

Public  school  house  bonds;  ordinance  approved  June  8,  1897, 
a  tax  of  and  at  the  rate  of  seven-tenths  of  one  (7-10)  cent  on 
the  one  hundred  dollars'  valuation  of  said  property. 

General  indebtedness  funding  bonds  of  1897;  ordinance  ap- 
proved September  8,  1897,  a  tax  of  and  at  the  rate  of  four  (4) 
cents  on  the  one  hundred  dollars'  valuation  of  said  property. 

Sec.  4.  That  to  provide  a  fund  to  meet  the  estimated  ex- 
penses of  operating  and  maintaining  the  John  Sealy  Hospital, 
there  is  hereby  levied  for  said  municipal  year  on  all  property 
described  in  the  first  section  of  this  ordinance  an  ad  valorem 
tax  of  and  at  the  rate  of  six  and  four-tenths  (6  4-10)  cents  on 
the  one  hundred  dollars'  valuation  of  said  property. 


280 


Appendix.  Chap.  XVII. 

Sec.  .■").  That  to  provide  a  special  reserve  fund,  as  provided 
by  Section  •?9,  Clause  2  of  the  Charter  of  the  City  of  Galveston, 
there  is  hereby  levied  for  said  municipal  year  on  .all  the  prop- 
erty described  in  the  first  section  of  this  ordinance  an  ad  va- 
lorem tax  of  and  at  the  rate  of  eight-tenths  (8-10)  of  one  cent 
on  the  one  hundred  dollars'  valuation  of  said  property. 

Sec.  6.  That  the  taxes  herein  and  hereby  levied  shall  be 
and  become  due  and  payable  on  September  1,  1899,  and  shall 
bear  interest  at  the  rate  of  eight  per  centum  per  annum  from 
October  1,  A.  D.  1899,  until  paid. 


CHAPTER  XVII. 

TAXES    FOR    1900. 

Section  1.  That  there  is  hereby  levied  for  general  purpo- 
ses for  the  municipal  year  beginning  March  1,  1900,  an  ad  va- 
lorem tax  on  all  real,  personal  and  mixed  property  within  the 
city  of  Galveston,  not  exempt  from  taxation  by  the  Constitu- 
tion and  Laws  of  the  State  of  Texas,  of  and  at  the  rate  of 
sixty-three  and  nine-tenths  cents  (63.9c)  on  the  one  hundred 
dollars'  valuation  of  said  property.  The  meaning  of  the  term 
"personal  property,"  as  used  in  this  ordinance,  is,  and  is  in- 
tended to  be,  the  same  as  conveyed  and  defined  in  Title  5, 
Article  6,  Section  64,  of  the  City  Charter;  and  the  meaning  of 
the  term  "real  property,"  as  used  in  this  ordinance,  is,  and  is 
intended  to  be,  the  same  as  conveyed  and  defined  in  Title  5, 
Article  5,  Section  83,  of  said  City  Charter. 

Sec.  2.  That  there -is  hereby  levied  for  said  municipal  year 
a  poll  tax  of  one  dollar  ($1.00)  on  each  and  every  male  person 
between  the  ages  of  twenty-one  years  and  sixty  years,  who 
has  resided  in  said  City  of  Galveston  six  months  prior  to  the 
first  day  of  ^larch,  1900. 

Sec.  3.  That,  to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  said  city  of  Galveston,  there  is 
hereby  levied  for  the  said  year  upon  all  property  described  in 
the  first  section  hereof,  the  several  ad  valorem  taxes  and  for 
account  of  the  several  bonds  hereinafter  specified,  to-wit : 

Forty-Years  Limited  Debt  Bonds  of  1881 ;  ordinance  ap- 
proved June  3,  1S(S1,  a  tax  of  and  at  the  rate  of  twenty  cents 
on  the  one  hundred  dollars'  valuation  of  said  property. 

281 


Chap.  XVII.  Appendix. 

Forty-Years  Water-Works,  Street  Improvement  and  City 
Hall  Bonds;  ordinance  approved  October  4,  1887.  a  tax  of 
and  at  the  rate  of  sixteen  and  four-tenths  cents  (IG.-tc)  on  the 
one  hundred  dollars'  valuation  of  said  property. 

Forty-Years  Limited  Debt  Bonds  of  181)1;  ordinance  ap- 
proved October  8,  1891,  a  tax  of  and  at  the  rate  of  thirty- 
three  cents  (33c)  on  the  one  hundred  dollars'  valuation  of 
said  property. 

Twenty-Years  General  Indebtedness  Funding  Bonds  of 
1895  ;  ordinance  approved  November  12,  1895,  a  tax  of  and  at 
the  rate  of  five  and  five-tenths  cents  (5.5c)  on  the  one  hun- 
dred dollars'  valuation  of  said  property. 

General  Indebtedness  Funding  Bonds  of  1897 ;  ordinance  ap- 
proved September  8,  1897,  a  tax  of  and  at  the  rate  of  five 
cents  (5c)  on  the  one  hundred  dollars'  valuation  of  said 
property. 

Forty  year  water  works  bonds  of  1S9G;  ordinance  approved 
March  7,  1890;  a  tax  of  and  at  the  rate  of  one  and  two-tenths 
cents  (1.2c)  on  the  one  hundred  dollars  valuation  of  said 
property. 

Bonds  to  purchase  block  three  hundred  and  twenty-one; 
ordinance  approved  February  3,  1873,  a  tax  of  and  at  th";  rat? 
of  one  and  seven-tenths  cents  (1.7c)  on  the  one  hundred  dol- 
lars valuation  of  said  property. 

Public  school  house  bonds;  ordinance  approved  June  8,  1897, 
a  tax  of  and  at  the  rate  of  eight-tenths  cents  (0.8c),  on  the 
one  hundred  dollars  valuation  of  said  property. 

Sec.  4.  That  to  provide  a  fund  to  meet  the  estimated  ex- 
penses of  operating  and  maintaining  the  John  Sealy  hospital, 
there  is  hereby  levied  for  said  municipal  year,  on  all  propert}' 
described  in  the  first  section  of  this  ordinance,  a  tax  of  and  at 
the  rate  of  six  cents  (Gc)  on  the  one  hundred  dollars  valuation 
of  said  property. 

Sec.  5.  That  to  provide  a  special  reserve  fund,  as  pro- 
vided b}'  Section  29,  clause  second,  of  the  city  charter,  there 
is  hereby  levied  for  said  municipal  year,  on  all  property  de- 
scribed in  the  first  section  of  this  ordinance,  a  tax  of  and  at 
the  rate  of  three  and  five-tenths  cents  (3.5c)  on  the  one  hun- 
dred dollars  valuation  of  said  property. 

282 


Appendix.  Chap.  XVIIa. 

Sec.  6.  That  the  taxes  herein  and  hereby  levied  shall  be- 
come due  and  payable  on  September  1,  1900,  and  shall  bear 
interest  at  the  rate  of  eight  (8)  per  cent  per  annum  from 
October  1,  1900,  until  paid. 

Sec.  7.  That  the  taxes  levied  by  this  ordinance  are  hereby 
made  payable  in  the  currency  or  coin  of  the  United  States. 

Sec.  8.  That  this  ordinance  shall  take  effect  and  be  in 
force  from  and  after  the  date  of  its  passage. 

[Approved  March  7,  1900. 


CHAPTER  X\^IIa. 

TAXES    FOR    I 90 I. 

Section  1.  That  there  is  hereby  levied  for  general  pur- 
poses for  the  municipal  year  beginning  March  1,  1901,  an  ad 
valorem  tax  on  all  real,  personal  and  mixed  property  within 
the  city  of  Galveston,  not  exempt  from  taxation  by  the  Con- 
stitution and  Laws  of  the  State  of  Texas-,  of  and  at  the  rate 
of  thirty-eight  cents  (38c)  on  the  one  hundred  dollars  valua- 
tion of  said  property.  The  meaning  of  the  term  "personal 
property"  as  used  in  this  ordinance  is,  and  'is  intended  to  be, 
the  same  as  conveyed  and  defined  in  Title  5,  /Vrticle  6,  Section 
84,  of  the  charter;  and  the  meaning  of  the  term  "real  prop- 
erty" as  used  in  this  ordinance  is,  and  is  intended  to  be,  the 
same  as  conveyed  and  defined  in  Title  5,  Article  5,  Section  83, 
of  said  cit}^  charter. 

Sec.  3.  That  there  is  hereby  levied  for  said  municipal  year 
a  poll  tax  of  one  dollar  ($1.00)  on  each  and  every  male  person 
between  the  ages  of  twenty-one  years  and  sixty  years,  v;ho 
has  resided  in  said  city  of  Galveston  six  months  prior  to  the 
first  day  of  March.  1901. 

Sec.  3.  That  to  provide  for  the  interest  and  sinking  funds 
upon  outstanding  bonds  of  said  city  of  Galveston,  there  is 
hereby  levied  for  the  said  year  upon  all  property  described 
in  the  first  section  here,  the  several  ad  valorem  taxes  and  for 
account  of  the  several  bonds  hereinafter  specified,  to-wit: 

h^orty-years  Limited  Debt  Bonds  of  1881 ;  ordinance  ap- 
proved June  3,  1881.  a  tax  of  and  at  the  rate  of  four  cents 
(l:c)  on  the  one  hundred  dollars  valuation  of  said  property. 

283 


Chap.  XVIIa.  Appendix. 

Forty-years  Waterworks,  Street  Improvement  and  City  Hall 
Bonds;  ordinance  approved  October  4.  1887,  a  tax  of  and  at 
the  rate  of  twenty-three  cents  ('23  cents)  on  the  one  hundred 
dollars  valuation  of  said  property. 

Forty-years  Limited  Debts  Bonds  of  1891 :  ordinance  ap- 
proved October  8,  1891,  a  tax  of  and  at  the  rate  of  forty- 
six  cents  (4G  cents)  on  the  one  hundred  dollars  valuation  of 
said  property. 

Twenty-years  General  Indebtedness  Funding  Bonds  of 
1895  ;  ordinance  approved  November  12,  1895,  a  tax  of  and 
at  the  rate  of  six  cents  (6  cents)  on  the  one  hundred  dollars 
valuation  of  said  property. 

General  Indebtedness  Funding-  Bonds  of  1897,  ordinance  ap- 
proved September  8,  1897,  a  tax  of  and  at  the  rate  of  six 
cents  (6  cents)  on  the  one  hundred  dollars  valuation  of  said 
property. 

Bonds  to  purchase  Block  three  hundred  and  twenty-one  ; 
ordinance  approved  February  3,  1873,  a  tax  of  and  at  the  rate 
of  two  cents  (2  cents)  on  the  one  hundred  dollars  valuation 
of  said  property.  . 

Forty  Years  Sewerage  Bonds ;  ordinance  approved  Decem- 
ber 11th,  1897,  tax  of  and  at  the  rate  of  ten  cents  on  the  one 
hundred  dollars  valuation  of  said  property. 

Provided,  however,  that  should  the  bonds  hereinbefore  de- 
scribed, or  any  of  them,  be  refunded  and  other  bonds  issued 
in  their  stead,  that  then  the  taxes  herein  and  hereby  levied 
shall  be  applied  to  the  interest  and  sinking  fund  of  said  new 
or  refunding  bonds,  just  as  they  would  have  been  used  and 
applied  for  the  same  purposes  on  account  of  the  bonds  herein- 
before specified,  so  that  the  levies  now  here  made  shall  be 
for  the  interest  and  sinking  fund  of  the  bonds  herein  described, 
or  by  any  substitute  or  substitutes  therefor. 

Sec.  4.  That,  to  provide  a  fund  to  meet  the  estimated  ex- 
penses of  operating  and  maintaining  the  John  Sealy  hospital, 
there  is  hereby  levied  for  said  municipal  year,  on  all  property 
described  in  the  first  section  of  this  ordinance,  a  tax  of  and 
at  the  rate  of  two  cents  (2  cents)  on  the  one  hundred  dollars 
valuation  of  said  property. 


284 


Appendix.  Chap.  XVIII. 

Sec.  5.  That,  to  provide  a  special  reserve  fund,  as  pro- 
vided by  Section  29,  Clause  Second,  of  the  city  charter,  there 
is  hereby  levied  for  said  municipal  year,  on  all  property  de- 
scribed in  the  first  section  of  this  ordinance,  a  tax  of  and  at 
the  rate  of  thirteen  cents  (13  cents)  on  the  one  hundred  dol- 
lars valuation  of  said  property. 

Sec.  6.  That  the  taxes  herein  and  hereby  levied  shall  be- 
come due  and  payable  on  September  1,  1901,  and  shall  bear  in- 
terest at  the  rate  of  six  per  cent  (6  per  cent)  per  annum  from 
October  1,  1901,  until  paid. 

Sec.  T.  That  the  taxes  levied  by  this  ordinance  are  hereby 
made  payable  in  the  currency  or  coin  of  the  United  States. 

Sec.  8.  That  this  ordinance  shall  take  efifect  and  be  in  force 
from  and  after  the  date  of  its  passage. 


CHAPTER   XVIII. 

SCHOOL   TAX    FOR    1 893. 

Section  1.  That  there  is  hereby  levied  for  one  year  next 
ensuing,  from  and  after  the  1st  day  of  October,  A.  D.  eighteen 
hundred  and  ninety-three  (1893),  for  the  support  of  the  pub- 
lic' free  schools  in  and  for  the  city  of  Galveston,  an  annual 
advalorem  tax  on  all  personal,  real  and  mixed  property  within 
said  city  not  exempt  from  taxation  by  the  Constitution  and 
laws  of  the  State,  of  and  at  the  rate  of  twenty  (20)  cents  on 
the  one  hundred  dollars  valuation  of  said  property.  The  mean- 
ing of  the  term  "personal  property,"  as  used  in  this  ordinance 
is,  and  is  intended  to  be  the  same  as  conveyed  and  defined  in 
title  five  (5),  article  six  (6),  section  eighty-four  (84)  of  the 
city  charter ;  and  the  meaning  of  the  term  "real  property" 
as  used  in  this  ordinance  is  and  is  intended  to  be  the  same  as 
conveyed  and  defined  by  title  five  (5),  article  five  (5),  section 
eighty-three   (S3)   of  said  charter. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons  owning  or  con- 
trolling property  within  the  limits  of  said  city  to  hand  into 
the  assessor  of  said  city  a  full  and  complete  inventory  of  the 
property  possessed  or  controlled  by  him,  her  or  them,  within 
said   limits,   not   exempt   from   taxation,   on   the    first   day   of 

285 


Chap.  XIX.  Appendix. 

t 
October  of  said  year,  within  two  months  after  the  first  pub- 
lication of  a  public  notice  by  the  said  assessor  requiring  them 
so  to  do,  which  said  notice  shall  be  so  published  in  one  of 
the  daily  papers  published  in  the  city  of  Galveston,  and 
said  notice  shall  specify  some  period,  not  less  than  two  months, 
on  or  before  which  the  time  limited  for  the  rendition  of  said 
property  shall  expire. 

Sec,  3.  That  said  tax  shall  be  assessed  by  the  assessor  and 
collected  by  the  collector  of  said  city,  and  in  the  assessment 
and  collection 'thereof  and  in  all  matters  pertaining  thereto 
or  connected  therewith  said  collector  and  assessor  shall  have 
the  same  powers  and  shall  be  governed  by  the  same  rules, 
regulations  and  proceedings  as  are  now  provided  by  the 
charter  and  ordinances  of  said  city  for  the  assessment  and 
collection  of  taxes  for  ordinary  municipal  purposes,  unless 
otherwise  specially  provided  in  this  ordinance. 


CHAPTER  XIX. 

SCHOOL   TAX    FOR    1 894. 

Section  1.  That  there  is  hereby  levied  for  one  year  next 
ensuing  from  and  after  the  first  day  of  October.  A.  D.  1894, 
for  the  support  of  the  public  free  schools  in  and  for  the  city 
of  Galveston,  an  annual  ad  valorem  tax  on  all  personal,  real 
and  mixed  property  within  said  city  not  exempt  from  taxation 
by  the  Constitution  and  laws  of  the  State,  of  and  at  the  rate 
of  twenty  cents  on  the  $100  valuation  of  said  property.  The 
meaning  of  the  term  '"personal  property,"  as  used  in  this 
ordinance  is,  and  is  intended  to  be  the  same  as  conveyed  and 
defined  in  title  five,  article  six,  section  eighty-four  of  the  city 
charter;  and  the  meaning  of  the  term  "real  property"  is,  and 
is  intended  to  be  the  same  as  conveyed  and  defined  by  title 
five,  article  five,  section  eighty-three  of  said  charter. 

Sec.  2.  It  shall  be  the  duty  of  every  person,  partnership, 
corporation  or  association  of  persons  owning  or  controlling 
property  within  the  limits  of  said  city  to  hand  in  to  the 
assessor  of  said  city  a  full  and  complete  inventory  of  the 
property  possessed  or  controlled  by  him,  her,  or  them  within 
said  limits  not  exempt  from  taxation  on  the  first  day  of  Oc- 

■286 


Appendix.  Chap.  XX. 

tober  of  said  year  within  two  months  after  the  first  publica- 
tion of  a  public  notice  by  the  said  assessor  requiring  them  so 
to  do,  .which  said  notice  shall  be  so  published  in  one  of  the 
daily  papers  published  in  the  city  of  Galveston,  and  said 
notice  shall  specify  some  period  not  less  than  two  months  on 
or  before  the  time  limited  for  the  rendition  of  said  property 
shall  expire. 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor 
and  collected  by  the  collector  of  said  city,  and  in  the  assess- 
ment and  collection  thereof,  and  in  all  matters  pertaining 
thereto  or  connected  therewith,  said  collector  and  assessor 
shall  have  the  same  powers,  and  shall  be  governed  by  the 
same  rules,  regulations,  and  proceedings  as  are  now  provided 
by  the  charter  and  ordinances  of  said  city  for  the  assess- 
ment and  collection  of  taxes  for  ordinary  municipal  purposes, 
unless  otherwise  specially  provided  in  this  ordinance. 

Sec.  4.  That  the  tax  hereby  levied  shall  become  due  and 
payable  on  the  first  day  of  January,  A.  D.  1895,  and  shall 
bear  interest- at  the  rate  of  8  per  cent  per  annum  from  March 
1,  1895,  until  paid,  and  if  any  person  shall  fail  or  refuse  to 
pay  the  taxes  imposed  upon  him.  or  his  property  by  this 
ordinance  until  the  first  day  of  March,  1895,  the  collector 
shall,  by  virtue  of  his  tax  rolls,  seize  and  levy  upon  and  sell 
so  much  of  said  property,  personal  or  real,  belonging  to  such 
person,  whether  resident  or  non-resident,  as  may  be  sufficient 
to  pay  such  taxes,  together  with  all  costs  accruing  thereon. 


CHAPTER   XX. 

SCHOOL  TAX    FOR    1 89 5. 

Section  1.  That  there  is  hereby  levied  for  one  year  next 
ensuing,  from  and  after  the  first  day  of  October,  A.  D.  1895, 
for  the  support  of  the  public  free  schools  in  and  for  the  city 
of  Galveston,  an  annual  ad  valorem  tax  on  all  personal,  real 
and  mixed  property  within  said  city,  not  exempt  from  tax- 
ation by  the  Constitution  and  laws  of  the  State,  of  and  at  the 
rate  of  twenty  (20)  cents  on  the  one  hundred  dollars  valua- 
tion of  said  property.  The  meaning  of  the  term  "personal 
property,"  as  used   in  this  ordinance,  is,   and   is   intended  to 

287 


Chap.  XXI.  Appendix. 

be,  the  same  as  conveyed  and  defined  in  title  five,  article  six, 
section  eighty-four,  of  the  city  charter;  and  the  meaning  of 
the  term  "real  property"  is,  and  is  intended  to  be,  the  same 
as  conveyed  and  defined  by  title  five,  article  five,  section 
eighty-three,  of  said  charter. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons,  owning  or  con- 
trolling property  within  the  limits  of  said  city,  to  hand  in 
to  the  assessor  of  said  city  a  full  and  complete  inventory  of 
the  property  possessed  or  controlled  by  him,  her  or  them, 
within  said  limits,  not  exempt  from  taxation  on  the  first  day 
of  October  of  said  year,  within  two  months  after  the  first 
publication  of  a  public  notice  by  the  said  assessor  requiring 
them  so  to  do,  which  said  notice  shall  be  so  published  in 
one  of  the  daily  papers  published  in  the  city  of  Galveston, 
and  such  notice  shall  specify  some  period,  not  less  than  two 
months,  on  or  before  which  the  time  limited  for  the  ren- 
dition of  said  property  shall  expire. 


CHAPTER  XXI. 

SCHOOL   TAX    FOR    1 896. 

Section  1.  That  there  is  hereby  levied  for  one  (1)  year, 
from  and  after  the  first  day  of  October,  A.  D.  1896,  for  the 
support  of  the  public  free  schools  in  and  for  the  city  of  Gal- 
veston, an  annual  ad  valorem  tax  on  all  personal,  real  and 
mixed  property  within  said  cit3%  not  exempt  from  taxation 
by  th-e  Constitution  and  laws  of  the  State,  of  and  at  the  rate 
of  twenty  (20)  cents  on  the  one  hundred  dollars  valuation 
of  said  property.  The  meaning  of  the  term  "personal  prop- 
erty," as  used  in  this  ordinance,  is,  and  is  intended  to  be,  the 
same  as  conveyed  and  defined  in  title  5,  article  6,  section  84, 
of  the  city  charter;  and  the  meaning  of  the  term  "real  prop- 
erty" is,  and  is  intended  to  be,  the  same  as  conveyed  and 
defined  by  title  5,  article  5,  section  83,  of  said  charter. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons,  owning  or  con- 
trolling property  within  the  limits  of  said  city,  to  hand  in  to 
the  assessor  of  said  city  a  full  and  complete  inventory  of  the 

288 


Appendix.  Chap.  XXII, 

property  possessed  or  controlled  by  him,  her  or  them,  within 
said  limits,  not  exempt  from  taxation,  on  the  first  day  of 
October  of  said  year,  within  two  months  after  the  first  pub- 
lication of  a  public  notice  by  the  said  assessor  requiring  them 
so  to  do,  which  said  notice  shall  be  so  published  in  one  of 
the  daily  papers  published  in  the  city  of  Galveston,  and  such 
notice  shall  specif}^  some  period,  not  less  than  two  months, 
on  or  before  which  the  time  limited  for  the  rendition  of  said 
property  shall  expire. 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor 
and  collected  by  the  collector  of  said  city,  and  in  the  assess- 
ment and  collection  thereof,  and  in  all  matters  appertaining 
thereto,  or  connected  therewith,  said  assessor  and  collector 
shall  have  the  same  powers,  and  shall  be  governed  by  the 
same  rules,  regulations  and  proceedings  as  are  now  provided 
by  the  charter  and  ordinances  of  said  city  for  the  assessment 
and  collection  of  taxes  for  ordinary  municipal  purposes, 
unless  otherwise  specially  provided  in  this  ordinance. 

Sec.  4.  That  the  taxes  herein  and  hereby  levied  shall  be- 
come due  and  payable  on  the  first  day  of  March,  A.  D.  1897, 
and  shall  bear  interest  at  the  rate  of  eight  (8)  per  centum 
per  annum  from  Alarch  1,  1897,  until  paid;  and  if  any  person 
shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him,  or 
upon  his  property,  until  the  first  day  of  March,  1897,  the 
collector  shall,  by  virtue  of  his  tax  roll,  seize  and  levy  upon 
and  sell  so  much  of  the  property,  personal  or  real,  belonging 
to  such  person. 

CHAPTER  XXII. 

SCHOOL    TAX    FOR    1 89 7. 

Section  1.  That  there  is  hereby  levied  for  one  year  next 
ensuing,  from  and  after  the  first  day  of  October,  A.  D.  1897, 
for  the  support  of  the  public  free  schools  in  and  for  the  city 
of  Galveston,  an  annual  ad  valorem  tax  on  all  personal,  real 
and  mixed  property  within  said  city,  not  exempt  from  tax- 
ation by  th.e  Constitution  and  laws  of  the  State,  of  and  at 
the  rate  of  twenty  (20)  cents  on  the  one  hundred  dollars 
valuation  of  said  property.  The  meaning  of  the  term  "per- 
sonal property,"  as  used  in  this  ordinance,  is,  and  is  intended 

289 


Chap.  XXII.  Appendix. 

to  be  the  same  as  conveyed  and  defined  in  title  5,  article  6, 
section  S4,  of  the  city  charter;  and  the  meaning  of  the  term 
"real  property,"  is,  and  is  intended  to  be,  the  same  as  con- 
veyed and  defined  by  title  5.  article  5,  section  83,  of  said 
charter. 

Sec,  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons,  owning  or  con- 
trolling property  within  th«  limits  of  said  city,  to  hand  in 
to  the  assessor  of  said  city  a  full  and  complete  inventory  of 
the  property  possessed  or  controlled  by  him,  her  or  them, 
within  said  limits,  not  exempt  from  taxation  on  the  first  day 
of  October  of  said  year,  within  two  months  after  the  first 
publication  of  a  public  notice  by  the  said  assessor  requiring 
them  so  to  do,  which  said  notice  shall  be  so  published  in  one 
of  the  daily  papers  publish-ed  in  the  city  of  Galveston,  and 
such  notice  shall  specify  some  period,  not  less  than  two 
months,  on  or  before  which  the  time  limited  for  the  rendition 
of  said  property  shall  expire. 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor 
and  collected  by  the  collector  of  said  city,  and  in  the  assess- 
ment and  collection  thereof,  and  in  all  matters  appertaining 
thereto  or 'connected  therewith.,  said  assessor  and  collector 
shall  have  the  same  powers,  and  shall  be  governed  by  the 
same  rules,  regulations  and  proceedings,  as  are  now  provided 
by  the  charter  and  ordinances  of  said  city  for  the  assessment 
and  collection  of  taxes  for  ordinary  municipal  purposes,  un- 
less otherwise  specially  provided  in  this  ordinance. 

Sec.  4.  That  the  taxes  hereby  and  herein  levied  shall  be- 
come due  and  payable  on  the  first  day  of  January,  A.  D. 
1898,  and  shall  bear  interest  at  the  rate  of  eight  (8)  per  centum 
per  annum  from  ^larch  1,  1898,  until  paid  ;  and  if  any  per- 
son shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him 
or  upon  his  property  until  the  first  day  of  March,  1898,  the 
collector  shall,  by  virtue  of  his  tax  roll,  seize  and  levy  upon 
and  sell  so  much  of  the  property — personal  or  real — belong- 
ing to  such  person,  whether  resident  or  non-resident,  as  may 
be  sufficient  to  pay  such  taxes,  together  with  all  costs  ac- 
cruing; thereon. 


290 


Appendix.  Chap  XXIII. 

CHAPTER  XXIII. 

SCHOOL   TAX    FOR    1 898. 

Section  1.  That  there  is  hereby  levied  for  one  year  next 
ensuing,  from  and  after  the  first  day  of  October,  A.  D.  1898, 
for  the  support  of  the  public  free  schools  in  and  for  the  city 
of  Galveston  an  annual  ad  valorem  tax  on  all  personal,  real 
and  mixed  property  within  said  city,  not  exempt  from  tax- 
ation by  the  Constitution  and  laws  of  the  State,  of  and  at 
the  rate  of  twenty  (20)  cents  on  the  one  hundred  dollars 
valuation  of  said  property.  The  meaning  of  the  term  "per- 
sonal property,"  as  used  in  this  ordinance,  is,  and  is  intended 
to  be  the  same  as  conveyed  and  defined  in  title  5,  article  6, 
section  84,  of  the  city  charter;  and  the  meaning  of  the  term 
"real  property"  is,  and  is  intended  to  be,  the  same  as  con- 
veyed and  defined  by  title  5,  article  5,  section  83,  of  said 
charter. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons,  owning  or  con- 
trolling property  within  the  limits  of  said  city,  to  hand  in 
to  the  assessor  of  said  city  a  full  and  complete  inventory  of 
the  property  possessed  or  controlled  by  him,  her  or  them, 
within  said  limits,  not  exempt  from  taxation,  on  the  first 
day  of  October  of  said  year,  within  two  months  after  the 
first  publication  of  a  public  notice  by  the  said  assessor  requir- 
ing them  to  do  so,  which  said  notice  shall  be  so  pub- 
lished in  one  of  the  daily  papers  published  in  the  city  of  Gal- 
veston, and  such  notice  shall  specify  some  period,  not  less 
than  two  months,  on  or  before  which  the  time  limited  for 
the  rendition  of  said  property  shall  expire. 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor 
and  collected  by  the  collector  of  said  city,  and  in  the  assess- 
ment and  collection  thereof,  and  in  all  matters  appertaining 
thereto  or  connected  therewith,  said  assessor  and  collector 
shall  have  the  same  powers,  and  shall  be  governed  by  the 
same  rules,  regulations  and  proceedings  as  are  now  provided 
bv  the  charter  and  ordinances  of  said  city  for  the  assessment 
and  collection  of  taxes  for  ordinary  municipal  purposes,  unless 
otherwise   specially   provided  in   this  ordinance. 

291 


Chap.  XXIV.  App^^ndix. 

Sec,  4.  That  the  taxes  hereby  and  herein  levied  shall  be- 
come due  and  payable  on  the  first  day  of  January,  A.  D.  1899, 
and  shall  bear  interest  at  the  rate  of  eight  (8)  per  centum 
per  annum  from  March  1.  1899,  until  paid;  and  if  any  person 
shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him  or 
upon  his  property  until  the  first  day  of  March,  1899,  the  col- 
lector shall,  by  virtue  of  his  tax  roll,  seize  and  levy  upon 
and  sell  so  much  of  the  property — personal  or  real — belong- 
ing to  such  persons,  whether  resident  or  non-resident,  as  may 
be  sufficient  to  pay  such  taxes,  together  with  all  costs  ac- 
cruine  thereon. 


CHAPTER  XXIV. 

SCHOOL   TAX    FOR    1 899. 

Section  1.  That  there  is  hereby  levied  for  one  (1)  year, 
from  and  after  the  first  day  of  October,  A.  D.  1899,  for  the 
support  of  the  public  free  schools  in  and  for  the  city  of  Gal- 
veston, an  annual  ad  valorem  tax  on  all  personal,  real  and 
mixed  property  within  said  city,  not  exempt  from  taxation 
by  the  Constitution  and  laws  of  the  State,  of  and  at  the  rate 
of  twenty  (20)  cents  on  the  hundred  dollars  valuation  of 
said  property.  The  meaning  of  the  term  "personal  prop- 
erty," as  used  in  this  ordinance,  is,  and  is  intended  to  be,  the 
same  conveyed  and  defined  in  title  5,  article  6,  section  84,  of 
the  city  charter;  and  the  meaning  of  the  term  "real  property," 
is,  and  is  intended  to  be,  the  same  as  conveyed  and  deh.ned 
by  title  .5,  article  5,  section  83,  of  said  charter. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons,  owning  or  con- 
troling  property  within  the  limits  of  said  city,  to  hand  in  to 
the  assessor  of  said  city  a  full  and  complete  inventory  of  th.e 
property  possessed  or  controlled  by  him,  her  or  them,  v/ithni 
said  limits,  not  exempt  from  taxation  on  the  first  day  of 
October  of  said  year,  within  two  months  after  the  first  pub- 
lication of  a  public  notice  by  the  said  assessor  requiring  tl.em 
so  to  do,  which  said  notice  shall  be  so  published  in  one  oi  th.e 
daily  papers  published  in  the  city  of  Galveston,  and  such 
notice  shall  specify  some  period,  not  less  than  two  months, 

292 


Appexdix,  Chap.  XXV. 

on  or  before  which  the  time  limited  for  the  rendition  of  said 
property  shall  expire. 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor  and 
collected  by  the  collector  of  said  city,  and  in  the  assessment 
and  collection  thereof,  and  in  all  matters  appertaining  thereto, 
or  connected  therewith,  said  assessor  and  collector  shall  have 
the  same  powers,  and  shall  be  governed  by  the  same  rules, 
regulations  and  proceedings  as  are  now  provided  by  the  char- 
ter and  ordinances  of  said  city  for  the  assessment  and  collec- 
tion of  taxes  for  ordinary  municipal  purposes,  unless  other- 
wise specially  provided  in  this  ordinance. 

Sec.  4.  That  the  taxes  hereby  and  herein  levied  shall  be- 
come due  and  payable  on  the  first  day  of  January,  A.  D.  1900, 
and  shall  bear  interest  at  the  rate  of  eight  (8)  per  centum 
per  annum  from  March  1,  1900,  until  paid;  and  if  any  person 
shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him,  or 
upon  his  property,  until  the  first  day  of  March,  1900,  the  col- 
lector shall,  b}'  virtue  of  his  tax  roll,  seize  and  levy  upon  and 
sell  so  much  of  the  property,  personal  or  real,  belonging  to 
such  person,  whether  resident  or  non-resident,  as  may  be 
sufficient  to  pay  such  taxes,  together  with  all  costs  accruing 
thereon. 


CHAPTER  XXV. 

SCHOOL    TAX    FOR     190O. 

Section  1.  That  there  is  hereby  levied  for  the  one  year 
next  ensuing,  from  and  after  the  first  day  of  October,  A.  D.  1900, 
for  the  support  of  the  public  free  schools  in  and  for  the  City 
of  Galveston,  an  annual  ad  valorem  tax  on  all  personal,  real 
and  mixed  property  within  said  cit}^  not  exempt  from  taxation 
by  the  Constitution  and  laws  of  the  State,  of  and  at  the 
rate  of  twenty  (20)  cents  on  the  one  hundred  dollars  valua- 
tion of  said  property.  The  meaning  of  the  term  "personal 
property,"  as  used  in  this  ordinance,  is,  and  is  intended  to  be, 
the  same  as  conve3'ed  and  defined  in  title  5,  article  6,  section 
eighty-four,  of  the  City  Charter ;  and  the  meaning  of  the  term 
"real  property,"  is,  and  is  intended  to  be,  the  same  as  con- 
veyed and  defined  by  title  5,  article  5,  section  83  of  said  charter. 


29S 


Chap.  XXVa.  Appendix. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  part- 
nership, corporation  or  association  of  persons,  owning  or 
controlling  property  within  the  limits  of  said  city,  to  hand  in 
to  the  assessor  of  said  city  a  full  and  complete  inventory  of 
the  property  possessed  or  controlled  by  him,  her  or  them, 
within  said  limits,  not  exempt  from  taxation  on  the  first  day 
of  October  of  said  year,  within  two  months  after  the  first  pub- 
lication of  a  public  notice  by  the  said  assessor  requiring  them 
so  to  do,  which  notice  shall  be  so  published  in  one  of  the 
daily  papers  published  in  the  City  of  Galveston,  and  such  no- 
tice shall  specify  some  period,  not  less  than  two  months,  on 
or  before  which  the  time  limited  for  the  rendition  of  said 
property  shall  expire. 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor, 
and  collected  by  the  collector  of  said  city,  and  in  the  assess- 
ment and  collection  thereof,  and  in  all  matters  appertaining 
thereto,  or  connected  therewith,  said  assessor  and  collector 
shall  have  the  same  powers,  and  shall  be  governed  by  the 
same  rules,  regulations  and  proceedings  as  are  now  provided 
by  the  charter  and  ordinances  of  said  city  for  the  assessment 
and  collection  of  taxes  for  ordinary  municipal  purposes,  unless 
otherwise  specially  provided  in  this  ordinance. 

Sec.  4.  That  the  taxes  herein  and  hereby  levied  shall  be- 
come due  and  payable  on  the  first  day  of  January,  A.  D.  1901, 
and  shall  bear  interest  at  the  rate  of  eight  (8)  per  centum 
per  annum  from  March  1st,  1901,  until  paid;  and  if  any  per- 
son shall  fail  or  refuse  to  pay  the  taxes  imposed  upon  him  or 
upon  his  property  until  the  first  day  of  March,  1901,  the  col- 
lector shall,  by  virtue  of  his  tax  roll,  seize  and  levy  upon 
and  sell  so  much  of  the  property,  personal  or  real,  belonging 
to  such  person,  whether  resident  or  non-resident,  as  may  be 
sufficient  to  pay  such  taxes,  together  with  all  costs  accruing 
thereon. 

[Approved  September  5,  1900. 

CHAPTER  XXVa. 

SCHOOL   TAX    FOR    1901-1902. 

Section  1.  That  there  is  hereby  levied  for  one  year  next 
ensuing  from  and  after  the  first  day  of  October,  A.  D.  1901,  for 

294 


Appendix.  Chap.  XXVa. 

the  support  of  the  public  free  schools  in  and  for  the  City  of 
Galveston  an  annual  ad  valorem  tax  on  all  personal,  real  and 
mixed  property  within  said  city,  not  exempt  from  taxation 
by  the  Constitution  and  laws  of  the  State,  of  and  at  the  rate 
of  twenty  (20)  cents  on  the  one  hundred  dollars  valuation  of 
said  property.  The  meaning  of  the  term  "personal  property," 
as  used  in  this  ordinance  is,  and  is  intended  to  be  the  same 
as  conveyed  and  defined  in  title  5,  article  6,  section  84  of 
the  City  Charter,  and  the  meaning-  of  the  term  "real  property," 
is,  and  is  intended  to  be,  the  same  as  conveyed  and  de- 
fined by  title  5,  article  5,  section  83  of  said  Charter. 

Sec.  2.  That  it  shall  be  the  duty  of  every  person,  partner- 
ship, corporation  or  association  of  persons,  owning  or  con- 
trolling property  within  the  limits  of  said  city,  to  hand  in  to 
the  assessor  of  said  city  a  full  and  complete  inventory  of  the 
property  possessed  or  controlled  by  him,  her  or  them,  within 
said  limits,  not  exempt  from  taxation  on  the  first  day  of 
October  of  said  year,  within  two  months  after  the  first  pL'.b- 
lication  of  a  public  notice  by  the  assessor  requiring  them  so 
to  do,  which  notice  shall  be  so  published  not  less  than  five 
times  in  one  of  the  daily  papers  published  in  the  City  of 
Galveston,  and  such  notice  shall  specify  some  period,  not 
less  than  two  months,  on  or  before  which  the  time  limited  for 
the  rendition  of  said  property  shall  expire. 

(Section  3  amended  as  above  October  15,  1901.) 

Sec.  3.  That  said  tax  shall  be  assessed  by  the  assessor  and 
collected  by  the  collector  of  said  City,  and  in  the  assessment 
and  collection  thereof,  and  in  all  matters  appertaining  thereto 
or  connected  therewith,  said  assessor  and  collector  shall  havs 
the  same  powers  and  shall  be  governed  by  the  same  rules, 
regulations  and  proceedings  as  are  now  provided  by  the  char- 
ter and  ordinances  of  said  City  for  the  assessment  and  col- 
lection of  taxes  for  ordinary  municipal  purposes,  unless  other- 
wise specially  provided  in  this  ordinance. 

Sec.  4.  That  the  taxes  hereby  and  herein  levied  shall  be- 
come due  and  payable  on  the  first  day  of  January,  A.  D.  1902, 
and  shall  bear  interest  at  the  rate  of  eight  (8)  per  centum 
per  annum  from  ]March  1,  1902,  until  paid,  and  if  any  person 
shall   fail  or   refuse   to   pay  the  taxes   imposed   upon   him   or 

295 


Chap.  XXVI.  Appendix. 

upon  his  property  until  the  first  day  of  March,  1902,  the 
collector  shall,  by  virtue  of  his  tax  roll,  seize  and  levy  upon 
and  sell  so  much  of  the  property,  personal  or  real,  belonging 
to  such  person,  whether  resident  or  non-resident,  as  may  be 
sufficient  to  pay  such  taxes,  together  with  all  costs  accruing 
thereon. 

CHAPTER  XXVI. 

GRANT   TO    THE    GALVESTON,   HOUSTON    AND    NORTHERN    RAILWAY. 

Section  ].  That  there  is  hereby  granted  to  the  Galveston. 
Houston  and  Northern  Railway  Company,  its  sviccessors  or 
assigns,  the  following  franchises,  rights,  privileges  and  li- 
censes in  the  City  of  Galveston,  viz: 

(1).  The  right  of  way  for  a  single  or  double  steam  railroad 
track,  with  all  necessary  and  convenient  switches,  turnouts, 
sidings  and  side-tracks,  together  with  the  right,  privilege  and 
license  of  constructing  and  maintaining  the  same  and  operat- 
ing a  steam  railroad  thereon,  upon,  over  and  along  Avenue  B 
or  Strand  street,  from  the  easterly  line  of  Forty-first  street 
to  the  easterly  line  of  Twenty-seventh  street. 

(2).  The  right  of  way  for  a  double  steam  railroad  track, 
with  all  necessary  and  convenient  switches,  turnouts,  sidings 
and  side-tracks,  together  with  the  right,  privilege  and  license 
of  constructing  and  maintaining  the  same  and  operating  a 
steam  railroad  thereon,  across,  upon,  over  and  along  the 
following  streets  and  alleys,  viz.:  Beginning  at  any  point  in 
Avenue  E  or  Post  Office  street  west  of  Forty-sixth  street  that 
the  said  Galveston,  Houston  and  Xorthern  Railway  Company, 
its  successors  or  assigns,  may  elect,  thence  in  a  northwesterly 
direction  to  any  point  in  Avenue  B  or  Strand  street  west  of 
Forty-eighth  street  that  said  Railway  Company,  its  successors 
or  assigns,  may  elect,  crossing  all  intervening  streets  and 
alleys  now  existing  or  that  may  hereafter  exist  between  the 
beginning  point  of  said  railroad  track  and  Avenue  E  or  Post 
Office  street  and  the  ending  point  thereof  in  Avenue  B  or 
Strand  street,  whether  said  intervening  streets  run  easterly 
and  westerly  or  northerly  and  southerly,  together  with  the 
right  to  connect  said  railroad  track  with  any  and  all  railroads 
now,  or  that  may  hereafter  be  constructed  on  Avenue  E  or 

296 


Appendix.  Chap.  XXYI. 

Post  Office  street,  on  Avenue  B  or  Strand  street,  and  on  any 
of  said  intervening  streets;  provided,  that  said  railroad 
track  shall  not  cross  Avenue  D  or  ^larket  street  at  any  point 
east  of  Forty-eighth  street. 

(3).  The  right  of  way  for  all  steam  railroad  tracks  that 
said  railway  company,  its  successors  or  assigns,  may  deem 
necessary  for  the  convenient  use  of  the  three  blocks  of 
grounds  hereinafter  referred  to  or  of  any  one  or  more  of 
them,  together  with  the  right,  privilege  and  license  of  con- 
structing and  maintaining  the  same  and  operating  a  steam 
railroad  thereon,  across,  upon,  over  and  along  Thirtieth, 
Thirty-first  and  Thirty-second  streets  between  Avenue  E  or 
Post  Office  street,  and  Avenue  F  or  Church  street,  and  also 
across,  upon,  over  and  along  any  and  all  alleys  that  now  or 
may  hereafter  exist,  through  blocks  numbered  four  hundred 
and  forty-nine,  four  hundred  and  fifty  and  four  hundred  and 
fifty-one,  together  with  the  right  to  connect  said  tracks  with 
the  track  of  said  Railway  Company  on  Avenue  E  or  Post 
Office  street. 

(4.)  The  right  to  close  to  public  use,  and  to  take  posses- 
sion of  and  exclusively  use  and  enjoy  so  much  of  Thirty- 
first  street  as  lies  between  Avenue  E  or  Post  Office  street 
and  Avenue  F  or  Church  street  for  the  purpose  of  using  and 
enjoying  the  same  in  connection  with  the  use  made  or  to 
be  made  by  said  Railwa}'  Company,  its  successors  or  assigns, 
of  the  three  blocks  of  ground  last  aforesaid  or  of  any  one  or 
more  for  them. 

Sec.  2.  The  grants  hereby  made  are  made  with  the  ex- 
press stipulation  and  agreement  that  the  said  Railway  Com- 
pany, by  the  acceptance  of  the  same,  agrees  and  undertakes 
to  hold  the  City  of  Galveston  harmless  and  indemnify  it 
against  all  suits  of  whatsoever  nature,  costs,  damages,  claims 
and  expenses  that  may  arise  or  grow  out  of  the  occupation 
and  use  by  said  Railway  Company  of  the  rights  of  way  and 
franchises  hereby  granted. 

[Approved  July  5,  1900. 


297 


Chaps.  XXVII-XXVITI.    Appendix. 

CHAPTER  XXVII. 

GRANT   TO   THE   GALVESTON,  HOUSTON   AND    NORTHERN    RAILWAY. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston. 
Houston  and  Northern  Railv^ay  Company,  its  successors  or 
assigns,  the  right  of  way  for  a  double  railroad  track,  with  all 
necessary  and  convenient  switches,  turnouts,  sidings  and  side 
tracks,  together  with  the  right,  privilege  and  license  of  con- 
structing and  maintaining  the  same  and  operating  a  steam  rail- 
road thereon,  upon,  over  and  along  Avenue  F,  or  Church 
street,  including  the  sidewalks  on  the  north  side  thereof,  from 
the  easterly  line  of  Thirty-second  street  to  the  westerly  line 
of  Twenty-ninth  street,  provided  that  said  tracks,  switches, 
turn-outs,  sidings  and  side-tracks  shall  be  constructed  north 
of  the  center  line  of  said  Avenue  F,  or  Church  street;  and. 
provided  further,  that  the  distance  between  the  center  line  of 
the  most  southerly  of  said  tracks  and  the  center  line  of  said 
street  shall  not  be  less  than  fifteen  feet. 

Sec.  2.  The  grant  hereby  made  is  made  with  the  express 
stipulation  and  agreement  that  the  said  Railway  Company,  by 
the  acceptance  of  same,  agrees  and  undertakes  to  hold  the  City 
of  Galveston  harmless,  and  to  indemnify  it  against  all  suits 
of  whatsoever  nature,  costs,  damages,  claims  and  expenses 
that  may  arise  or  grow  out  of  the  occupation  and  use  by  the 
said  Railway  Company  of  the  rights  of  way  and  franchise 
hereby  granted. 

[Approved  September  5,  1900. 


CHAPTER  XXVHI. 

GRANT    TO    THE    GALVESTON,   HOUSTON    AND    NORTHERN    RAILWAY. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston. 
Houston  and  Northern  Railway  Company,  its  successors  and 
assigns,  the  right  of  way  for  a  single  or  double  steam  railroad 
track  with,  all  necessary  and  convenient  switches,  turn-outs, 
sidings  and  side-tracks,  together  with  the  right,  privilege,  fran- 
chise and  license  of  constructing,  maintaining  and  operating 
a  steam  railroad  thereon,  upon,  over  and  along  the  follow- 
ing streets  and  alleys  of  the  City  of  Galveston  :  Beginning  at 
any  point  in  Thirty-first  street  between  the  north  line  of  Ave- 

298 


Appendix.  Chap.  XXVIIL 

nue  F  and  the  south  line  of  Avenue  E,  thence  in  a  southerly 
direction  along  Thirty-first  street,  crossing  Avenues  F,  G  and 
H  and  all  intervening  alleys  to  the  north  line  of  Avenue  I. 
together  with  the-  right  to  connect  with  the  track  or  tracks 
of  the  Galveston,  Houston  and  Northern  Railway  Compan}^  at 
any  point  on  or  near  Thirty-first  street  between  the  north  line 
of  Avenue  F  and  the  south  line  of  Avenue  E. 

Sec.  2.  The  grant  hereby  made  is  made  with  the  ex- 
press stipulation  and  agreement  that  the  said  Galveston. 
Houston  and  Northern  Railway  Company,  by  the  acceptance 
of  the  same,  agrees  and  undertakes  to  hold  the  City  of  Gal- 
veston harmless  and  indemnify  it  against  all  suits  of  what- 
ever nature,  costs,  damages,  claims  and  expenses  that  may 
arise  or  accrue  out  of  the  occupation  and  use  by  said  Rail- 
way Company  of  th^e  rights  of  way  and  franchise  hereby 
granted. 

Sec.  3.  Said  company,  its  successors  or  assigns,  shall  con- 
struct substantial  crossings  and  approaches  thereto  at  the 
intersection  of  streets  and  not  less  than  twenty-five  feet  in 
width,  and  shall  maintain  the  same  in  good  conditon,  and  shall 
further  keep  the  space  between  the  tracks,  including  all 
switches  and  terminals,  filled  their  entire  length  between  street 
crossings  with,  plank  or  some  good  ballasting  material,  by 
first  filling  with  sand  and  then  covering  with  either  gravel, 
rock,  shell  or  cinders,  to  a  height  level  with  the  top  of  the 
rails,  which  filling  shall  be  maintained  in  good  order  and 
condition. 

Sec.  4.  That  this  ordinance  is  passed  and  accepted  by  said 
company,  subject  to  the  ordinances  now  in  force,  or  such  as 
mav  be  hereafter  legally  enacted,  and  said  company  shall  be 
liable  for  th<e  cost  of  any  street  improvements  that  may  be 
made  by  said  city  between  its  track,  switches  and  terminals, 
and  to  the  distance  of  one  foot  outside  of  the  rails  thereof. 

Sec.  5.  Any  failure  on  the  part  of  said  company,  its  suc- 
cessors or  assigns,  to  comply  with  the  terms  and  conditions 
hereinbefore  set  forth,  shall  work  a  forfeiture  of  the  rights 
and  privileges  hereby  granted,  without  further  action  upon 
the  part  of  the  city. 

I  Approved  October  16,  1900. 
299 


Chaps.  XXIX-XXX.         Appendix. 

CHAPTER  XXIX. 

GRANT    TO    THE    GALVESTON,   HOUSTON    AND    NORTHERN    RAILWAY. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston, 
Houston  and  Northern  Railway  Company,  its  successors  or 
assigns,  the  right  of  way  for  a  single  or  double  steam  railroad 
track  with,  all  necessary  and  convenient  switches,  turn-outs, 
sidings  and  side-tracks,  together  with  the  right,  privilege,  fran- 
chise and  license. of  constructing,  maintaining  and  operating 
a  steam  railroad  thereon,  upon,  over  and  along  the  follow- 
ing streets  and  alleys  of  the  City  of  Galveston:  Beginning  at 
any  point  in  Thirty-first  street  between  the  north  line  of  Ave- 
nue F  and  the  south  line  of  Avenue  E,  thence  in  a  southerly 
direction  along  Thirty-first  street,  crossing  Avenues  F.  G  and 
H  and  all  intervening  alleys  to  the  north  line  of  Avenue  I. 
together  with  the  right  to  connect  with  the  track  or  tracks 
of  the  Galveston,  Houston  and  Northern  Railway  Company  at 
any  point  on  Thirty-first  street  between  the  north  line  of  Ave- 
nue F  and  the  south  line  of  Avenue  E. 

Sec.  2.  The  grant  hereby  made  is  made  with  the  ex- 
press stipulation  and  agreement  that  the  said  Galvest(jn, 
Houston  and  Northern  Railway  Company,  by  the  acceptance 
of  the  same,  agrees  and  undertakes  to  hold  the  City  of  Gal- 
veston harmless  and  indemnify  it  against  all  suits  of  what- 
ever nature,  costs,  damages,  claims  and  expenses  that  may 
arise  or  accrue  out  of  the  occupation  and  use  by  said  Rail- 
way Company  of  the  rights  of  way  and  franchises  hereby 
granted. 

[Approved  February  21,  1901. 


CHAPTER  XXX. 

CONTRACT    WITH    THE    GALVESTON    CITY    RAILROAD    COMPANY. 

I.  The  said  B.  Rush  Plumly  and  associates  shall  build, 
equip  and  open  for  travel,  within  twelve  months  next  fol- 
lowing the  date  of  this  contract,  a  railroad  from  the  north 
side  to  the  south  side  of  said  city.  Said  road  shall  be  a  single 
track,  on  Twent3--first  street,  called  Center  street,  to  extend 
from  the  south  side  of  Strand  (on  Twenty-first  street)  to 
Avenue  P  or  Q,  or  to  a  feasible  point  on  said  Twenty-first 

300 


Appendix.  Chap.  XXX. 

street  toward  the  gulf.  Said  road  shall  be  built  with,  such 
turn-outs,  turn-tables,  side-tracks  and  switches  as  said  party 
may  deem  essential  for  safe  and  easy  travel,  back  and  forth  ; 
that  is,  from  south  to  north,  and  from  north  to  south,  on  said 
road  at  the  same  time. 

II.  Said  party  shall  fill  or  bridge  the  bayou,  to  the  width 
of  their  railroad,  and  they  shall  construct  proper  culverts  on 
said  bayou,  under  their  rail  tracks,  for  the  passage  of  water. 

III.  If  it  shall  be  found  impracticable  to  construct  said 
road  on  Twenty-first  street,  called  Center  street,  immediately, 
the  said  party  may  lay  a  similar  track  upon  any  one  of  the 
streets  running  north  and  south,  hereinafter  named,  reserving 
the  right  to  lay  the  track  on  Twenty-first  street  as  soon  as 
practicable ;  provided,  that  no  track  shall  run  down  either  the 
east  or  west  side  of  the  market  house. 

IV.  Said  party  shall  also  construct,  equip  and  open  for 
travel  within  fifteen  months  next  following  the  date  of  this 
contract,  railroads  running  east  and  west  on  the  streets  of 
Galveston ;  said  roads  shall  be  single  track  on  Market  street, 
beginning  at  any  point  from  the  eastern  limits  of  the  city  to 
Tenth  street  and  running  to  Thirty-first  street,  or  to  Forty- 
first  street,  the  western  limits  of  the  city;  also  a  single  track 
on  Church  sreet  parallel  with  the  track  on  Market  street,  said 
roads  to  be  connected  by  the  necessary  short  tracks  on  the 
streets  running  north  and  south  where  said  east  and  west 
tracks  may  terminate.  Said  roads  shall  be  constructed  with 
such  side  tracks,  turn-outs,  switches  and  turn-tables  as  said 
party  may  deem  essential  to  run  cars  both  ways,  on  each  of 
the  said  streets,  at  the  same  time,  with  ease  and  safety  to 
the  public. 

V.  Said  party  shall  have  power  and  authority,  at  any  time 
hereafter,  by  virtue  of  this  contract,  to  construct  and  conduct 
a  double  track  upon  Broadway,  and  a  double  track  upon  Bath 
avenue,  and  single  tracks  upon  Seventeenth  street,  upon 
Twentieth  street,  upon  Twenty-ninth  street ;  upon  Mechanic 
street,  upon  avenue  H,  and  a  single  track  on  the  beach,  on  the 
gulf  side.  All  of  said  tracks  or  any  of  them,  may  extend  along 
said  streets  and  on  the  beach,  east  and  west  and  north  and 
south  to  the  corporation  limits,  each  way,  except  that  no  one 

301 


Chap.  XXX.  Appendix. 

of  said  tracks  shall  cross  the  Strand  or  run  thereon,  nor  run 
upon  Tremont  street.  All  or  any  of  said  tracks  may  be  con- 
nected by  the  necessary  short  tracks,  switches,  turn-outs,  side- 
tracks and  turn-tables,  to  make  all  tracks  under  this  grant 
continuous  and  united. 

VI.  Provided,  that  said  party  shall  not  lay  side-tracks, 
switches  or  turn-outs  upon  the  intersection  of  streets,  and  shall 
only  build  such  turn-tables  upon  the  intersection  of  streets, 
and  at  or  near  the  terminus  of  tracks,  as  may  be  essential  to 
shift  the  cars  from  track  to  track,  and  to  turn  or  reverse  the 
cars ;  and  provided  also,  that  said  roads  shall  be  connected  on 
the  strand  or  upon  Tremont  (23d)  street;  and  provided  fur- 
ther, that  said  party,  or  the  company  to  be  formed,  shall 
not  lay  any  track  (except  to  make  connections)  upon  any 
other  avenue  or  street  of  this  city,  than  those  herein  named, 
without  having  first  obtained  the  right  to  do  so  by  the  mayor 
and  aldermen  of  the  City  of  Galveston. 

VII.  Said  party  shall  at  all  times  have  the  right  of  way 
for  their  cars  upon  said  railroad  tracks,  without  unnecessary 
delay  or  interruption  by  vehicles  or  any  obstruction,  and  said 
party  shall  be  protected  in  said  right  of  way  by  proper  munici- 
pal regukilions. 

Vlil.  Said  party  shall  have  power  and  authority  to  fix 
proper  standing  places  for  the  cars  for  changing  horses,  and 
reasonable  time  shall  be  allowed  for  the  same,  and  for  taking 
up  and  putting  down  passengers. 

IX.  Said  party  shall  have  the  right  to  run  construction 
cars  on  all  their  tracks ;  to  transport  earth,  sand,  shells  and 
such  other  light  freight  as  may  accommodate  the  public.  A 
reasonable  timie  shall  be  allowed  to  receive  and  discharge  the 
freight,  and  said  party  may  charge  and  collect  pay  for  trans- 
porting the  same. 

X.  The  speed  of  travel  on  said  railroads  shall  not  exceed 
seven  miles  per  hour. 

XI.  No  track  shall  be  laid  on  23d  (Called  Tremont)  street, 
except  to  cross  the  same. 

XII.  No  track  shall  be  laid  upon  the  Strand. 

XIII.  Said  party  shall  lay  such  a  rail,  and  shall  so  con- 
struct the  railroads  that  they  shall  not  impede  carriage  travel 

302 


Appendix.  Chap.  XXX. 

upon  the   streets  occupied  by  said  tracks,   after   said  streets 
have  been  graded  by  the  city. 

XV.  Said  party  shall  preserve  the  public  cisterns  crossed 
by  the  railroad  tracks,  and  they  shall  so  adjust  the  tracks  and 
the  cisterns  that  the  water  in  said  cisterns  may  be  easily  ob- 
tained in  case  of  fire. 

XVI.  Said  party  shall  construct  and  keep  in  good  repair 
all  cross-culverts,  whenever  the  same  may  be  required  under 
the  rail  tracks ;  said  culverts  to  extend  across  the  street  from 
sidewalk  to  sidewalk ;  and  whenever  said  party  shall  neglect 
to  construct  and  keep  in  order  said  culverts,  the  city  shall 
have  the  right  to  cause  said  culverts  to  be  made,  or  repaired, 
at  the  expense  of  said  party;  and  in  the  event  of  their  re- 
fusal to  pay  the  same,  the  amount  shall  be  recovered  be- 
fore any  court  of  competent  jurisdiction,  for  the  benefit  of  the 
city. 

All  cars  that  may  run  on  said  road  between  sunset  and 
daybreak  shall  be  provided  with  good  and  ample  head  and  rear 
lights,  placed  in  conspicuous  positions  outside  the  car. 

For  the  violation  of  this  clause  or  of  any  ordinance  now  ex- 
isting, or  that  may  hereafter  be  enacted,  on  the  part  of  any 
officer  or  employe  of  said  roads,  said  party  shall  be  liable  to  a 
fine  of  ten  dollars,  besides  all  damages  arising  therefrom. 

X\  n.  Said  party  shall  provide  separate  cars  for  negroes 
and  colored  people,  or  they  shall  make  suitable  divisions  in 
cars  for  that  portion  of  the  population. 

XVIII.  The  fare  on  said  cars  shall  not  exceed  ten  cents, 
from  station  to  station,  on  the  respective  tracks,  for  each  adult 
person;  children  under  twelve  (12)  years  old  half  price. 
Tickets  for  passage  may  be  issued  and  disposed  of  by  said 
party,  and  said  cars  may  be  run  on  every  day  in  the  year. 

XIX.  The  capital  stock  of  said  railroad  shall  not  exceed 
$500,000,  to  be  divided  in  shares  of  fifty  dollars  each ;  said 
party  shall  have  the  right  to  receive  subscriptions  for  said 
stock,  and  dispose  of  the  same  upon  such  terms  and  in  such 
a  manner  as  said  party  may  deem  most  certain  to  carry  out 
and  secure  the  object  of  this  contract. 

XX.  Books  for  subscription  to  said  stock  shall  be  open  by 
said  party  in  the  City  of  Galveston,  and  the  citizens  of  Gal- 

303 


Chap.  XXX.  Appendix. 

veston  shall  have  the  right  to  subscribe  to  three-fourths  (3-4) 
of  said  capital  stock,  including  the  stock  transferred  to  the 
city.  Said  books  shall  be  kept  open  thirty  days,  unless  said 
three-fourths  of  said  stock  shall  be  sooner  subscribed  by  the 
citizens  of  Galveston. 

The  mayor  of  the  City  of  Galveston  shall  have  the  authority 
to  designate  some  one  person  to  be  present  during  the  time 
specified  in  this  contract,  wherein  books  shall  be  opened  in 
the  City  of  Galveston  for  subscription,  by  the  people  thereof, 
to  said  stock, and  the  party  so  designated  shall  be  authorized  by 
the  mayor  to  determine  how  manv  shares  of  said  stock  each 
applicant  to  subscribe  shall  be  entitled  to  take,  and  said  per- 
son so  designated  by  the  mayor  shall  see  that  the  said  stock 
is  not  absolutely  monopolized  by  any  one  party,  or  person,  or 
interest,  but  that  said  books  shall  be  open  equally  and  freely 
to  all.  Said  party  shall  give  securitv  that  any  money  or 
moneys  received  by  said  party,  on  account  of  this  grant  or 
franchise,  shall  be  appropriated  by  said  part}"  to  the  specified 
purpose'  for  which  said  money  or  moneys  were  received  by 
said  party. 

XXI.  Said  party  shall  make  over  and  transfer  to  the  city  of 
Galveston,  in  lieu  of  percentage  on  the  net  receipts  of  said 
roads,  and  in  lieu  of  bonus  for  this  contract,  six  hundred 
shares  of  the  capital  stock  of  said  railroads,  and  six  hundred 
shares  of  stock  to  be  paid  up  by  said  party,  or  by  the  com- 
pany to  be  formed  under  this  contract  and  franchises,  as  as- 
sessments and  said  stock  may  be  made  and  payment  required 
by  said  party  or  company. 

XXII.  The  mayor  of  the  City  of  Galveston,  or  some  one 
person  designated  by  him,  shall  have  his  name  placed  con- 
tinuously on  the  directorial  ticket  of  said  compan}'.  to  repre- 
sent the  interests  of  the  city  in  the  said  stock,  and  he  shall 
be  elected  a  director  of  said  company  at  the  election  for  di- 
rectors. 

XXIII.  The  subscribers  to  said  capital  stock,  who  shall 
have  complied  with  the  terms  of  this  subscription,  shall  have 
power  and  authority,  immediately  after  said  stock  to  the 
amount  of  three-fourths  shall  have  been  so  subscribed,  to 
organize  a  grant  or  franchise,  under  this  contract,  into  a  stock 

304 


Appendix.  Chap.  XXX. 

company  with  the  capital  stock  not  to  exceed  five  hundred 
thousand  dollars,  in  shares  of  fifty  dollars  each. 

The  afifairs  of  said  company  shall  be  manged  by  a  board  of 
directors,  in  number  not  less  than  five  nor  more  than  seven, 
including-  the  city  director.  Said  directors  shall  be  elected  by 
the  stock  holders,  from  their  number.  One  of  said  directors 
shall  be  the  president  of  the  board,  to  be  elected  by  the  di- 
rectors. 

A  majority  of  the  votable  stock  represented  at  any  meeting 
of  stockholders  shall  determine  all  questions  relating  to  the 
election  of  officers,  or  to  the  general  management  of  the  com- 
pany ;  but  no  stockholder  shall  vote  in  his  own  name,  or  as 
proxy  for  others,  more  than  six  hundred  (600)  shares  of  stock 
at  any  election  of  said  company,  or  in  the  transaction  of  any 
business  thereof. 

XXIV.  Said  company  shall  be  styled  and  shall  be  known 
as  The  Galveston  City  Railroad  Company. 

The  place  of  business  and  the  legal  domicile  of  said  com- 
pany shall  be  located  in  the  city  of  Galveston.  Said  company 
shall  have  the  right  and  authority  to  conduct  its  own  affairs 
under  rules,  regulations  and  by-laws  framed  by  itself,  the 
same  not  to  be  inconsistent  with  the  laws  of  this  State,  the 
ordinances  of  city  council  and  the  conditions  of  this  con- 
tract. Said  company  shall  have  power  to  assess  its  stock  and 
collect  its  assessments,  and  to  forfeit  said  stock,  and  to  sell 
it  at  public  sale  or  otherwise,  if  said  assessments  are  not  paid 
in  proper  time,  and  to  suspend  and  discontinue  said  assess- 
ments ;  and  to  call  in  its  stock ;  and  to  change  or  renew  its  cer- 
tificates ;  and  to  declare  unpaid  dividends,  and  generally  to 
manage  its  own  affairs  in  agreement  with  the  letter  and  spirit 
of  this  contract. 

XXV.  In  the  event  that  the  said  company  shall  allow  itself 
to  become  encumbered  by  debt,  to  the  jeopardy  of  the  city's 
interest  therein,  then  the  city  shall  be  regarded  as  having 
thereby  a  first  lien  on  the  franchise  and  the  roads  and  fixtures 
and  corporate  property  of  said  company,  for  the  security  of 
the  interest  of  the  city  in  said  company,  and  the  same  shall 
be  secured  by  the  city,  by  proper  process,  immediately  after 
the  organization  of  said  company. 

305 


Chap.  XXX.  Appendix. 

XXVI.  The  said  railroads,  cars,  fixtures  and  other  appur- 
tenances shall  revert  to  the  city,  if  the  city  shall  so  determine, 
at  the  expiration  of  said  twenty  years'  privilege,  on  a  valua- 
tion to  be  ascertained  by  two  disinterested  persons,  one  to  be 
appointed  by  the  company,  the  other  by  the  city,  and  in  case 
of  disagreement  as  to  said  valuation  between  said  persons  thus 
appointed,  a  third  party,  or  umpire,  shall  be  "appointed  by  one 
of  the  district  courts,  the  decision  thereby  had  to  be  final. 

XXVII.  Said  party  contracting,  or  the  company  succeed- 
ing to  this  franchise,  shall  annually  pay  into  the  city  treas- 
ury, upon  the  assessed  value  of  said  roads  and  fixtures,  the 
annual  tax  levied  upon  real  estate,  and  the  value  of  said  roads 
and  fixtures  shall  be  assessed  by  the  usual  mode  of  assessment. 

XXVIII.  The  right,  or  franchise,  granted  under  this  con- 
tract shall  not  be  sold,  transferred  or  conveyed  to  any  other 
person,  or  persons,  company  or  association,  except  as  herein 
provided  by  the  subscription  to  the  capital  stock  of  said  grant, 
or  franchise ;  any  sale  or  transfer  of  this  grant,  or  franchise, 
shall  be  a  forfeiture  of  contract. 

XXIX.  In  the  event  that  said  party,  or  the  company  to  be 
organized  under  this  contract,  shall  fail  to  build  and  open  for 
travel  the  first  two  roads,  one  east  and  west,  and  one  north 
and  south,  within  the  respective  periods  herein  specified, 
then  this  contract  shall  be  forfeited,  unless  time  shall  be  ex- 
tended by  competent  authority. 

XXX.  The  adoption  of  this  contract  by  the  mayor  and 
board  of  aldermen  of  the  City  of  Galveston,  shall  be  consid- 
ered and  regarded  as  conferring  upon  the  said  party,  B.  Rush 
Plumly  and  associates,  and  upon  the  Galveston  City  Railroad 
Company,  whenever  the  same  shall  have  been  duly  organized, 
all  the  rights,  privileges  and  benefits  herein  enumerated,  and 
as  imposing  upon  said  party,  or  company,  all  the  obligations 
and  penalties  affixed. 

[Adopted  May  11, 1896. 
AMENDMENT. 

Resolved,  That  so  much  of  section  twenty-four  of  the  con- 
tract of  the  Galveston  City  Railroad  Company  with  the  City 
of  Galveston,  made  and  entered  into  May  24,  1866,  and  which 
reads   as  follows:     "No   stockholders   shall   vote   in   his   own 

306 


Appendix.  Chap.  XXXI. 

name,  or  as  proxy  for  others,  more  than  six  hundred  shares 
of  stock  at  any  election,  or  in  the  transaction  of  any  business 
thereof,"  be  and  the  same  is,  subject  to  the  approval  of  the 
mayor  of  the  City  of  Galveston,  hereby  revoked  and  annulled. 

Resolved,  that  Mr.  W.  H.  Sinclair  be  and  he  is  hereby  in- 
structed to  furnish  to  the  mayor  and  city  council  a  copy  of 
these  resolutions,  and  ask  their  assent  to,  and  confirmation  of 
the  modification  of  the  company's  contract,  as  herein  set  forth. 

[Passed  June  20,  1S81 


CHAPTER  XXXI. 

GRANT    TO    THE    PEOPLE'S    RAILWAY    COMPANY, 
(Now  Galveston  City  Railroad  Company.) 

Section  1.  That  the  right,  privilege  and  franchise  of  and 
for  constructing,  maintaining  and  operating  street  railways, 
with  all  such  side-tracks,  turn-outs,  switches,  turntables  and 
other  works  and  structures  as  may  be  necessary  and  suitable, 
in  and  upon  the  streets  and  avenues  of  said  city,  now  open,  or 
hereafter  to  be  opened,  are  hereby  granted  to  Leon  Blum,  B. 
Tiernan,  W.  H.  Sellers,  Charles  M.  Todd,  Frank  R.  Dean, 
Seabrook  W.  Sydnor,  Gus  McKernon,  and  their  associates, 
and  to  the  "People's  Railway  Company"  (when  formed),  and 
such  other  persons  as  they  may  associate  with  them,  and  to 
such  body  corporate  as  they  may  hereafter  form  under  the 
name  and  style  of  "The  People's  Railway  Company,"  in  con- 
formity with  the  general  law  of  the  State  concerning  private 
corporations,  approved  December  2,  A.  D.  1871;  provided, 
however,  that  they  shall  not  have  the  right  to  construct, 
maintain  or  operate  such  railways  on  either  of  the  following- 
named  streets  or  avenues,  to-wit :  Seventeenth  street.  Twen- 
tieth street.  Twenty-first  (or  Centre)  street.  Twenty-third  (or 
Tremont)  street.  Twenty-fifth  street  (or  Bath  avenue.  Twen- 
ty-ninth street ;  Avenue  B  (or  Strand  street.  Avenue  C  (or 
^Mechanic  street).  Avenue  D  (or  Market  street).  Avenue  E 
(or  Postoffice  street).  Avenue  F  (or  Church  street).  Avenue 
H,  and  Broadway,  except  for  the  purpose  of  crossing  the 
same. 

Sec.  2.  That  the  same  rights,  privileges  and  franchises 
are  hereby  granted  for  the  term  of  fifty  years,  from  and  after 

307 


Chap.  XXXIL  Appendix. 

the  passage  of  this  ordinance,  and  upon  the  condition  that 
said  railways,  side-tracks,  turn-outs,  switches,  turn-tables  and 
other  works  and  structures  shall  be  so  constructed,  main- 
tained and  operated  as  not  to  obstruct  or  hinder  the  free 
and  convenient  use  of  the  streets  or  avenues  by  vehicles,  or  on 
foot,  or  otherwise;  and  shall  be  constructed,  maintained  and 
equipped  as  first-class  railways;  and  upon  the  further  con- 
ditions that  if  the  said  parties  to  whom  said  rights,  privileges 
and  franchises  are  hereby  granted,  shall  fail  to  complete  and 
put  in  running  order  within  two  years  after  the  passage  of 
this  ordinance,  the  following  lines  of  railway,  to-wit:  On 
Twenty-second  street,  from  Avemie  B  (or  Strand  street)  to 
Avenue  L.,  and  on  Avenue  G  (or  Winnie  street)  from  Eighth 
street  to  Thirtieth  street,  then  and  in  that  case,  the  said 
city  council  shall  have  the  right,  and  the  same  is  hereby 
reserved,  to  revoke  and  annull  all  and  singular,  the  rights, 
privileges  and  franchises  hereby  granted. 

[Approved  July  10,  1873.     Amended  March  3,  1875. 


CHAPTER  XXXIL 

GRANT   TO    THE    GALVESTON    CITY    RAILROAD    COMPANY. 

Section  1j  That  the  right,  pri\  ilege  and  franchise  of  con- 
structing, maintaining  and  operating  a  street  railway,  with 
the  necessary  structures,  are  herel)y  granted  to  the  Galveston 
City  Railroad  Company  upon  and  along  the  following  streets 
and  avenues,  viz. : 

Thirty-third  or  Thirty-fifth  street  from  Market  street  to 
the  gulf;  thence  from  the  streets  herein  granted  to  and  along 
Avenue  P  or  Avenue  Pj^,  eastwardly  to  an  intersection  and 
connection  with  their  tracks  on  Twenty-seventh  and  Twenty- 
fifth  streets. 

Sec.  2.  That  should  said  company  fail  or  refuse  to  build. 
equip  and  maintain  a  system  of  street  railroads  on  the  streets 
named  in  the  preceding  section,  within  three  months  from 
the  passage  of  this  ordinance,  then  and  in  that  event  the  grant 
of  right  of  way  on  so  much  of  said  streets  as  are  not  built 
upon  by  said  company,  shall  be  forfeited  without  other  action 
of  the  council ;  provided,  that  if  at  any  time  said  company 

308     , 


Appendix.     Chaps.  XXXIII-XXXIV. 

shall  abandon  or  cease  to  operate  any  portion  of  said  railway 
after  construction,  the  right  of  way  on  the  portion  abandoned 
shall  be  likewise  forfeited. 

Sec.  3.  That  in  consideration  of  the  grants  herein  made, 
the  Galveston  City  Railroad  Company  shall  surrender  its  righ<t 
of  way  on  Twenty-ninth  street. 

Sec.  4.  Provided,  the  said  Galveston  City  Railroad  Com- 
pany shall  construct  and  maintain  all  crossings  on  a  grade  to 
accommodate  wagon  traffic  as  the  city  engineer  may  direct. 

Sec.  5.  The  city  shall  not  be  responsible  in  anywise  for 
any  damages  whatsoever  growing  out  of,  or  incident  to,  the 
use  of  said  streets  by  said  company  granted  by  this  ordinance. 

[Passed  over  Mayor's  veto  September  7,  18S5 


CHAPTER  XXXIII. 

GRANT    TO    THE    GALVESTON    CITY    RAILROAD    COMPANY. 

Section  1.  That  the  right,  privilege  and  franchise  of  con- 
structing, maintaining  and  operating  a  street  railway,  with 
tne  necessary  switches,  side-tracks  and  other  suitable  works 
and  structures,  are  hereby  granted  to  the  Galveston  City 
Railroad  Company  upon  and  along  the  following  streets  and 
avenues,  viz. :  Thirty-third  street  from  Market  street  to  the 
gulf;  thence  from  Thirty-third  street  to  and  along  Avenue  P 
or  Avenue  Pj%  eastwardly  to  an  intersection  and  connection 
with  their  tracks  on  Twenty-seventh  and  Twenty-fifth  streets. 

[Approved  October  6, 1885. 


CHAPTER  XXXIV. 

GRANT    TO    GALVESTON    CITY    RAILROAD    COMPANY. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
City  Railroad  Company  the  right  to  construct,  maintain  and 
operate  a  street  railway,  together  with  the  necessary  switches, 
side-tracks  and  other  suitable  works  and  structures,  along  Fif- 
teenth street,  from  Mechanic  street  to  Avenue  P ;  and  thence 
along  Avenue  P  to  Twenty-first  street. 

Read  first  time  at  regular  meeting  !March  15,  1886. 

[Approved  April  9,  1886. 


309 


Chap.  XXXV.  Appendix. 

CHAPTER  XXXV. 

GRANT   TO   THE    GALVESTON    CITY    RAILROAD    COMPANY.     . 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
City  Railroad  Company,  of  the  City  of  Galveston,  the  privi- 
lege of  running  and  operating  their  street  railway  cars  over 
all  their  lines  now  occupied  or  hereafter  to  be  occupied  by 
them  in  the  City  of  Galveston,  with  electricity  as  a  motive 
power,  subject  to  the  conditions  and  provisions  hereinafter 
named. 

Sec.  2.  That  for  the  purposes  named  in  section  one  of 
this  ordinance,  the  said  company  are  hereby  authorized  to  set 
its  poles,  pins,  abutments,  wires  and  other  necessary  fix- 
tures along  and  across  any  of  the  streets  of  the  city,  subject 
to   the   regulations   hereinafter   provided. 

Sec.  3.  The  poles  used  as  herein  provided,  shall  be  of 
sound  timber,  not  less  than  five  inches  in  diameter  at  the  upper 
end,  reasonably  straight,  and  of  uniform  size.  All  poles  shall 
be  thoroughly  painted  with  two  coats  of  lead  and  oil  paint, 
of  such  colors  as  may  be  directed  by  the  committee  on  streets 
and  alleys,  and  be  supplied  with  iron  steps  commencing 
twelve  feet  from  the  surface  of  the  ground  and  reaching  to 
the  arms  supporting  the  wires.  Said  wires  shall  be  run  fit  a 
height  of  not  less  than  twenty-five  feet  above  the  grade  of  the 
street.  Whenever  the  poles  are  erected  on  a  street,  they  shall 
be  placed,  in  all  cases  when  practicable,  on  the  outer  edge  of 
the  sidewalk,  just  inside  the  curbstone,  and  on  the  line  dividing 
the  lots  one  from  the  other,  and  in  no  case  to  be  so  placed 
as  to  obstruct  the  drainage  of  the  street,  or  to  interfere  with 
or  damage  in  any  way  the  curbstones  or  other  public  or  pri- 
vate property  on  the  line  of  the  street  or  alley  where  such 
poles  shall  be  erected.  All  work  of  excavating,  refilling  and 
restoring  the  pavement  shall  be  done  at  the  expense  of  the 
said  Galveston  City  Railroad  Company,  under  the  super- 
vision of  the  city  engineer  and  to  his  entire  satisfaction,  and 
in  all  cases  the  pavement  shall  be  restored  as  speedily  as  pos- 
sible and  to  the  same  condition  as  it  was  before. 

Sec.  4.  The  right  is  hereby  reserved  to  the  city,  at  any 
time,  to  direct  any  alteration  in  the  location  of  poles  or  in  the 

310 


Appendix.  Chap.  XXXVI. 

height  at  which  the  wires  shall  be  run,  or  in  any  case  the 
said  wires  and  poles  shall  at  any  time  be  deemed  a  nuisance 
or  obstruction  by  the  city  council,  to  remove  the  same  en- 
tirely. 

Sec.  5.  The  said  company  shall  at  all  times  keep  on  de- 
posit with  the  city  treasurer  the  sum  of  not  less  than  fifty 
dollars,  subject  to  the  order  of  the  city  engineer,  to  be  used 
by  him  in  restoring  any  sidewalk,  gutter,  street  or  pavement 
displaced  or  injured  in  the  erection,  alteration  or  removal  of 
any  pole  of  such  company,  whenever  said  company  fails  or 
refuses  to  make  such  restoration  to  the  satisfaction  of  the 
committee  on  streets  and  alleys. 

Sec.  6.  The  said  company  shall  at  all  times  permit  the 
city  to  use  and  occupy  the  top  cross  arm  of  any  pole  erected, 
or  to  be  erected,  for  fire,  police  or  municipal  telegraph  pur- 
poses, free  of  charge. 

Sec.  7.  That  the  said  compan}^  shall  become  solely  respon- 
sible, and  hold  the  city  harmless  against  all  damages  grow- 
ing out  of  the  use  of  electricity  as  a  motive  power,  under  the 
provisons  of  this  ordinance. 

[Approved  December  6,  1887. 

CHAPTER  XXXVI. 

GRANT   TO    FRANCIS    D.    ALLAN    AND    ASSOCIATES. 

Section  1.  That  the  right,  privilege  and  franchise  of  con- 
structing, maintaining  and  operating  a  street  railway,  with 
all  necessary  switches,  side-tracks  and  other  suitable  works 
and  structures,  are  hereby  granted  to  Francis  D.  Allan,  L.  M. 
Scott,  H.  Hubele,  P.  S.  Wren,  Ben  Levy,  J.  Cotter,  J.  D.  Saw- 
yer, M.  A.  Davey,  Louis  Schmidt,  J.  W.  Harris,  C.  D.  Holmes, 
M.  Schram,  C.  B.  Miller,  E.  Neuman,  R.  W.  Wolston,  E.  E. 
Seixas,  J.  N.  Stowe,  and  their  associates,  upon  and  along  the 
following  route,  to-wit :  Commencing  at  Nineteenth  street, 
through  Postoffice  street  to  Twenty-fourth  street;  from  the 
south  side  of  Strand  street  through  Twenty-fourth  street  to 
Avenue  H,  through  Avenue  H  to  Twenty-eighth,  through 
Twenty-eighth  to  Avenue  M,  through  Avenue  M  to  Twenty- 
ninth  street,  through  Twenty-ninth  street  to  Avenue  O, 
through  Avenue  O  to  Forty-first  street,  through   I'^orty-first 

311 


Chap.  XXXVI.  Appendix. 

street  to  Avenue  O,  through  Avenue  Q  to  Twenty-sixth 
street,  through  Twenty-sixth  street  to  Avenue  P>2,  through 
Avenue  Vy^  to  Nineteenth  street,  through,  Nineteenth  street 
to  Postoffice  street,  the  place  of  beginning.  That  said  Francis 
D.  Allan  and  associates  shall  have  the  right  to  form  and  or- 
ganize under  the  laws  of  the  State  of  Texas,  and  subject  to 
such  regulations  as  the  city  may  properly  and  legally  pre- 
scribe, an  incorporated  company,  which  company  or  the 
grantees  of  this  franchise,  in  consideration  of  this  grant,  shall 
pay  to  the  City  of  Galveston  two  per  cent,  of  the  gross  re- 
ceipts of  said  company  or  association,  such  payment  to  be 
made  semi-annually. 

Sec.  2.  That  said  rights,  privileges  and  franchises  are 
hereby  granted  for  the  term  of  fifty  years  from  the  passage 
of  this  ordinance,  and  upon  the  conditions  that  said  Allan  and 
associates  shall  commence  the  construction  of  said  line  of 
street  railway  on  Twenty-fourth  street  within  ninety  days 
from  the  passage  of  this  ordinance,  and  shall  continue  the 
construction  of  same  through  Twenty-fourth  street  to  Avenue 
H,  through  Avenue  H  to  Twenty-eighth  street,  through  Twen- 
ty-eighth street  to  Avenue  M,  through  Avenue  ]\I  to  Twenty- 
ninth  street,  through  Twenty-ninth  street  to  Avenue  O, 
through  Avenue  O  to  Forty-first  street,  through  Forty-first 
street  to  Avenue  O,  through  Avenue  Q  to  Twenty-sixth  street, 
and  shall  complete,  equip  and  have  the  same  in  operation 
within  twelve  months  from  and  after  the  passage  of  this  or- 
dinance, and  shall  complete,  equip  and  have  in  operation  the 
railroad  on  all  the  streets  named  herein  within  eighteen  months 
from  and  after  the  passage  of  this  ordinance ;  and  upon  further 
condition  that  the  cars  used  and  the  tracks  and  other  struct- 
ures shall  be  so  constructed,  kept  up  and  operated  as  not  to 
obstruct  or  interfere  with  the  convenient  use  of  the  streets  by 
vehicles  and  those  on  foot,  and  shall  afiford  ample  accommoda- 
tion for  th«  safe  travel  of  the  public;  provided,  that  the  said 
Allan  and  associates,  and  any  company  to  be  hereinafter 
formed  for  the  purpose  of  exercising  the  privilege  herein 
granted,  shall  not  consolidate  the  stock,  property  or  fran- 
chises of  such  company  or  association,  by  sale,  purchase,  lease 
or  otherwise,  with  any  other  street  railroad  company,  or  in  any 

312 


Appendix.  Chap.  XXXVI. 

way  be  controlled  by  or  control  such  other  company,  save  and 
except  with  the  consent  of  the  majority  of  the  legal  voters 
of  the  City  of  Galveston,  at  an  election  to  be  ordered  by  the 
city  coiincil,  the  said  company  to  pay  the  expenses  of  said 
election. 

Sec.  3.  The  grantees  named  and  their  successors  shall  at 
all  times  keep  the  roadbed  of  said  railway  in  good  repair  and 
upon  a  level  with  the  street,  and  when  a  street  is  raised 
or  lowered  the  company  or  grantees  shall  raise  or  lower 
their  track  and  roadbed  to  conform  thereto,  and  shall  at 
all  times  pay  all  expenses  of  filling,  grading,  lowering,  paving, 
or  otherwise  changing,  improving  and  maintaining  the  street 
between  their  tracks ;  and  shall  also  construct  and  keep  in 
good  repair  all  cross  culverts,  wherever  the  same  may  be 
required  by  the  city  under  their  rail  tracks,  said  culverts  to 
extend  across  the  streets  from  sidewalk  to  sidewalk,  all  of 
which  work  shall  be  done  subject  to  the  approval  and  under 
the  direction  of  the  committee  on  streets  and  alleys  and  city 
engineer,  or  other  proper  authority  of  said  city;  and  when- 
ever said  grantees  or  their  successors  shall  fail  to  construct 
and  keep  in  order  th-e  culverts,  tracks  and  roadbed,  as  re- 
quired by  this  ordinance,  the  city  shall  have  the  right  to 
cause  them  to  be  constructed  or  put  in  proper  condition  and 
repair  at  the  expense  of  said  grantees  or  their  successors, 
and  in  the  event  of  their  refusal  to  pay  the  same,  the  city 
may  sue  for  the  amount  and  forfeit  their  franchise. 

Sec.  -i.  The  rate  of  fare  shall  not  exceed  five  cents  for  the 
entire  length  of  circuit  of  the  road,  or  any  part  thereof,  for 
each  person  over  the  age  of  ten  years.  Only  half  fare  shall 
be  collected  from  children  over  three  and  under  ten  years  of 
age,  and  no  charge  shall  be  made  for  carriage  of  children 
under  three  years  of  age. 

Sec.  5.  The  City  of  Galveston,  through  its  proper  officers, 
or  any  person  appointed  by  .it  for  that  purpose,  shall  at  all 
times  have  the  right  of  access  to  and  examination  of  the  books, 
accounts  and  all  records  whatsoever  of  said  grantees  and 
th-eir  successors. 

Sec.  6.  A  failure  or  refusal  on  the  part  of  said  grantees  or 
their-  associates    or    successors    to    comply    with    any    of    the 

313 


Chap.  XXXYII.  Appendix. 

foregoing  conditions  and  requirements,  shall  be  cause  of  for- 
feiture of  the  rights  hereby  conferred. 

[Approved  November  6,  1883. 

CHAPTER  XXXVII. 

GRANT    TO    FRANCIS    D.   ALLAN    AND    ASSOCLATES. 

Section  1.  That  the  right,  privilege  and  franchise  of  con- 
structing, maintaining  and  operating  a  street  railway,  with 
all  necessary  switches,  sidetracks,  and  other  suitable  works 
and  structures,  are  hereby  granted  to  Francis  D.  Allan.  ]\I.  L. 
Scott,  H.  Hubele,  P.  S.  Wren,  Ben  Levy.  J.  Cotter.  J.  D. 
Sawyer,  ]\I.  A.  Davey,  Louis  Schmidt,  J.  ^^^  Harris,  C.  D. 
Holmes,  ^l.  Schram,  C.  B.  ^Miller,  E.  Xeuman,  R.  \\\  Wolston, 
E.  E.  Seixas,  J.  N.  Stowe,  and  their  associates,  upon  and 
along  the  following  route,  to-wit :  Commencing  at  Twentieth 
street  through  Postoffice  to  Twenty-fourth  street,  from  the 
south  side  of  Strand  street  through  Twenty-fourth  street  to 
Avenue  R;  provided,  that  it  shall  be  at  no  cost  to  the  city 
of  Galveston  in  condemning  for  public  use  the  private  property 
of  any  citizen  or  citizens,  from  Twenty-fourth  street  out  Ave- 
nue H  to  Twenty-ninth  street,  through  Twenty-ninth  street 
to  Avenue  O,  through  Avenue  O  to  Forty-first  street,  through 
Forty-first  street  to  Avenue  O,  through  Avenue  Q  to  Twenty- 
sixth  street,  through  Twenty-sixth  street  to  Avenue  R. 
through  Avenue  R  to  Twenty-fourth  street  from  Avenue  R 
to  Q,  out  O  to  Xineteenth  street,  on  Xineteenth  street  to  Ave- 
nue H,  through  Avenue  H  to  Twentieth  street,  through  Twen- 
tieth street  to  Postoffice  street,  the  place  of  beginning,  and 
through  Church  street,  commencing  at  its  eastern  boundary,  to 
Fortieth  street,  and  th.rough  Fortieth  street  to  Avenue  Q ; 
provided,  that  the  city  shall  be  at  no  expense  in  condemning 
private  property  for  public  use.  That  said  Francis  D.  Allan 
and  associates  shall  have  the  right  to  form  and  organize, 
under  the  laws  of  the  State  of  Texas  and  subject  to .  such 
regulations  as  the  city  may  properly  and  legally  prescribe, 
an  incorporated  company,  which  company,  or  the  grantees 
of  this  franchise,  in  consideration  of  this  grant,  shall  pay  to 
the  city  of  Galveston  two  and  one-half  (2V2)  per  cent  of  the 
net  receipts  of  said  company  or  association,  such  payment  to 

314 


Appendix.  Chap.  XXXVII. 

be  made  semi-annually,  and  the  books  of  the  company  shall 
always  be  open  to  the  city  council  or  its  proper  officers  for 
inspection. 

Sec.  2.  That  said  rights,  privileges  and  franchises  are 
hereby  granted  for  the  term  of  fifty  years  from  the  passage 
of  this  ordinance,  and  upon  the  condition  that  said  Allan  and 
associates  shall  commence  the  construction  of  said  line  of 
street  railway  on  Twenty-fourth  street  within  ninety  (90) 
days  from  the  passage  of  this  ordinance,  and  shall  continue 
the  construction  of  same  through  Twenty-fourth  street  to 
Avenue  H,  through  Avenue  H  to  Twenty-ninth  street, 
through  Twenty-ninth  street  to  Avenue  O,  through.  Avenue 
O  to  Forty-first  street,  through  Forty-first  street  to  Avenue 
Q,  through  Avenue  O  to  Twenty-sixth  street,  and  shall  com- 
plete, equip  and  have  the  same  in  operation  within  twelve 
months  from  and  after  the  passage  of  this  ordinance,  and 
shall  complete,  equip  and  have  in  operation  the  railroad  on 
all  streets  named  herein  within  eighteen  months  from  and 
after  the  passage  of  this  ordinance,  save  and  except  that  por- 
tion of  said  railroad  on  Church  street  to  Fortieth  street  and 
through  Fortieth  street  to  Avenue  Q,  which  said  portion 
shall  be  completed  within  two  years  from  and  after  the  pas- 
sage of  this  ordinance  ;  provided,  that  said  company  may,  at 
any  time,  commence  work  at  any  point  upon  the  herein 
mentioned  route,  and  may  remove  any  temporary  obstruc- 
tions in  the  street  wh-ich  may  hinder  the  building  of  said 
road.  The  city  of  Galveston  shall  be  held  harmless  in  the 
event  of  any  conflict  of  rights  of  way  between  this  and  any 
other  street  railway  company.  And  upon  the  further  con- 
sideration that  the  cars  used  and  the  tracks  and  other  struc- 
tures shall  be  so  constructed,  kept  up  and  operated  as  not 
to  obstruct  or  interfere  with  the  convenient  use  of  the  streets 
by  vehicles  and  those  on  foot,  and  shall  afford  ample  accom- 
modation for  the  safe  travel  of  the  public ;  provided,  that  the 
said  Allan  and  associates,  and  any  company  to  be  hereafter 
formed  for  the  purpose  of  exercising  the  privileges  herein 
granted,  shall  not  consolidate  the  stock,  property  or  fran- 
chises of  such  company  or  association,  by  sale,  purchase,  lease 
or    otherwise,    with    any    other    street    railway    company,    or 

315 


Chap.  XXXVIII.  Appendix. 

in  any  way  be  controlled  by  or  control  such  other  company, 
save  and  except  with  the  consent  of  the  majority  of  the  legal 
voters  of  the  city  of  Galveston,  at  an  election  to  be  ordered 
by  the  city  council,  the  said  company  to  pay  the  expenses  of 
said  election. 

Sec.  3.  The  grantees  named  and  their  successors  shall  at 
all  times  keep  the  roadbed  of  said  railway  in  good  repair  and 
upon  a  level  with  the  street,  and  when  a  street  is  raised  or 
lowered  the  company  grantees  shall  raise  or  lower  th-eir  track 
and  roadbed  to  conform  thereto,  and  shall  at  all  times  pay 
all  expenses  of  filling,  grading,  lowering,  paving  or  otherwise 
changing,  improving  and  maintaining  the  street  between  their 
tracks;  and  shall  also  construct  and  keep  in  good  repair  all 
cross  culverts  wherever  the  same  may  be  required  by  the 
city  council,  under  their  rail  track,  said  culverts  to  extend 
across  the  street  from  sidewalk  to  sidewalk,  all  of  which 
work  shall.be  done  subject  to  the  approval  and  under  the  di- 
rection of  the  committee  on  streets  and  alleys  and  city  engi- 
neer, or  other  proper  authority  of  said  city;  and  whenever 
said  grantees  or  their  successors  shall  fail  to  construct  and 
keep  in  order'  the  culverts,  tracks  and  roadbed  as  required 
by  this  ordinance,  the  city  shall  have  the  right  to  cause  them 
to  be  constructed  or  put  in  proper  condition  and  repair  at  the 
expense  of  said  grantees  or  their  successors,  and  in  the  event 
of  their  refusal  to  pay  the  same,  the  city  may  sue  for  the 
amount  and  forfeit  this  franchise. 

[Approved  March  5,  1884. 

CHAPTER  XXXVm. 

GRANT  TO  THE    GULF  CITY  STREET    RAILWAY  AND    REAL    ESTATE    COMPANY. 

First.  That  permission  be  and  is  hereby  given  to  the  Gulf 
City  Street  Railway  and  Real  Estate  Company  to  continue 
its  Twenty-ninth  street  line  out  Twenty-ninth  street  to  the 
beach  and  to  run  a  ime  from  Avenue  O  out  Thirty-ninth 
street  to  Avenue  Q ;  provided,  the  grantees  named  and  their 
successors  shall  at  all  times  keep  the  roadbed  of  said  railway 
in  good  repair  and  upon  a  level  with  the  street,  and  when  a 
street  is  raised  or  lowered,  the  company,  or  grantees,  shall 
raise  or  lower  their  track  and  roadbed  to  conform  thereto,  and 

316 


Appendix.  Chap.  XXXIX. 

shall  at  all  times  pay  all  expenses  of  filling,  grading,  lowering, 
paving  or  otherwise  changing,  improving  and  maintaining 
th-e  street  between  their  tracks  and  for  thirty  inches  on  each 
side  of  said  tracks,  on  the  outside  thereof,  and  this  shall  apply 
to  all  lines  of  railway  heretofore  or  hereafter  constructed  by 
said  grantees. 

[Passed  over  Mayor's  veto,  April  22, 1884. 


CHAPTER  XXXIX. 

GRANT  TO  THE    GULF  CITY  STREET    RAILWAY  AND    REAL    ESTATE    COMPANY. 

Section  1.  That  the  right,  privilege  and  franchise  of  con- 
struction, maintaining  and  operating  a  street  railway,  with 
all  the  necessary  switches,  side-tracks  and  other  suitable 
works  and  structures,  are  hereby  granted  to  the  Gulf  City 
Street  Railway  and  Real  Estate  Company  upon  and  along 
the  following  streets  and  avenues,  viz :  Avenues  E,  I  and  M 
from  their  eastern  limit  to  Fortieth  street,  on  Avenue  O  from 
Nineteenth  street  to  Twenty-ninth  street,  on  Twenty-eighth 
street  from  Avenue  E  to  Avenue  H,  on  Twenty-eighth  street 
from  Avenue  O  to  the  beach.  From  Avenue  E  on  Thirty- 
first,  Thirty-third  and  Thirty-fifth  street  to  the  beach,  on 
Forty-first  street  from  Avenue  Q  to  the  beach,  and  on  Twelfth 
street  from  Avenue  M  to  the  bay  shore. 

Sec.  2.  That  this  grant  or  concession  is  made  in  connec- 
tion with  and  as  additional  to  former  grants  of  the  city 
council  of  the  city  of  Galveston  to  Francis  D.  Allan  and 
associates  by  ordinances  approved  November  6th,  1883,  and 
March  5th,  1884,  subject  to  the  same  conditions  as  are  ex- 
pressed in  said  ordinances,  and  all  privileges  and  rights  of 
way  heretofore  granted  by  other  ordinances  and  resolutions. 

Sec.  3.  That  this  ordinance  take  effect  and  be  in  force 
from  and  after  its  passage.  If  the  company  fails  to  keep  the 
road  in  running  order  after  the  same  has  been  in  operation,  il 
shall  thereby  forfeit,  at  the  option  of  the  city  council,  its 
right  of  way  on  that  street  or  avenue. 

[Passed  August  4,  1884. 


317 


Chap.  XL-XLa.  Appendix. 

CHAPTER   XL. 

GRANT     TO     GULF     CITY     STREET     RAILWAY     AND    REAL     ESTATE     COMPANY 
AND  REVOKING  GRANT  TO  GALVESTON  CITY  RAILWAY  COMPANY, 

OR   people's   railway    company. 

Section  1.  That  right  of  way  be  and  the  same  is  hereby- 
granted  to  the  Gulf  City  Street  Railway  and  Real  Estate 
Company  to  construct  and  operate  a  line  of  street  railway 
on  Church  street,  from  Twenty-fourth  street  west  to  Thirty- 
seventh  street. 

Sec.  2.  That  this  grant  shall  be  subject  to  the  same  con- 
ditions mentioned  in  former  ordinances  granting  rights  of 
way  to  said  company. 

Sec.  3.  That  the  right  of  way  heretofore  granted  to  the 
Galveston  City  Railway  Company,  or  People's  Railway  Com- 
pany, on  said  street  be,  and  the  same  is,  hereby  revoked. 

Sec  4.  The  Gulf  City  Railway  and  Real  Estate  Company, 
in  consideration  of  this  grant,  shall  surrender  their  right  of 
way  on  Postofifice  street,  from  Twenty-ninth  street  to  Thirty- 
seventh  street. 

[Approved  September  9,  1885. 


CHAPTER  XLa. 
grant  to  the  gulf  city  street  railway  and  real  estate  company. 

Section  1.  That  right  of  way  be  and  the  same  is  hereby 
granted  to  the  Gulf  City  Street  Railway  and  Real  Estate  Com- 
pany to  construct  and  operate  a  line  of  street  railway  on 
Church  street  from  Twenty-fourth  street  west  to  Thirty- 
seventh  street. 

Sec.  2.  That  this  grant  shall  be  subject  to  the  same  con- 
ditions mentioned  in  former  ordinances  granting  rights  of  way 
to  said  company. 

Sec  3.  That  the  right  of  way  heretofore  granted  to  the 
Galveston  City  Railway  Company,  or  People's  Railway  Com- 
pany, on  said  street,  be  and  the  same  is  hereby  revoked. 

Sec  4.  The  Gulf  City  Railway  and  Real  Estate  Company, 
in  consideration  of  this  grant,  shall  surrender  their  right  of 
way  on  Postoffice  street  from  Twenty-ninth  street  to  Thirty- 
seventh   street. 

[Approved  September  25,  1885. 
318 


Appendix.  Chap.  XLI-XLTI. 

CHAPTER  XLI. 

GRANT  TO  THE    GULF  CITY  STREET    RAILWAY  AND    REAL    ESTATE    COMPANY. 

Section  1.  That  tlie  right  of  way  heretofore  granted  to  the 
Gulf  City  Street  Railway  and  Real  Estate  Company  to  con- 
struct, maintain  and  operate  a  street  railway,  with  the  neces- 
sary switches,  sidetracks  and  other  suitable  works  and  struc- 
tures on  Avenue  H,  and  on  Twenty-ninth  street,  is  hereby 
confirmed  and  ratified. 

Sec.  2.  That  the  right  of  way  be  and  the  same  is  hereby 
granted  the  said  Gulf  City  Street  Railway  and  Real  Estate 
Company  to  construct,  maintain  and  operate  a  street  tailway, 
with  the  necessary  switches,  side-tracks  and  other  suitable 
works  and  structures,  from  Avenue  H  north  on  Twenty-ninth 
street  to  the  bay,  and  on  Avenue  H  west  to  Forty-first  street. 

Sec.  3.  That  the  rights  of  way  herein  granted  shall  be 
subject  to  the  same  conditions  mentioned  in  former  ordinances 
granting  rights  of  way  to  said  company. 

Sec.  4.  That  the  right  of  way  heretofore  granted  to  the 
Galveston  City  Railway  Company,  or  People's  Railway  Com- 
pany, over  the  streets  herein  mentioned,  be  and  the  same  is 
hereby  revoked. 

Sec  5.  That  in  consideration  of  the  grants  herein  made, 
the  Gulf  City  Street  Railway  and  Real  Estate  Company  shad 
surrender  its  right  of  way  on  Thirty-third  street  and  Avenue 
P  and  Py.. 

[Approved  October  6,  1885. 

CHAPTER  XLH. 

GRANT  TO  THE  GULF  CITY  STREET  RAILWAY  AND  REAL  ESTATE  COMPANY. 

Section  1.  That  the  right,  privilege  and  franchise  of  con- 
structing a  street  railway,  with  all  necessary  switches  and 
side-tracks,  are  hereby  granted  to  the  Gulf  City  Street  Rail- 
way and  Real  Estate  Company  upon  and  along  Avenue  PI, 
from  Twenty-fourth  street  to  Seventh  street,  in  the  city  of 
Galveston ;  provided,  that  this  grant  may  be  forfeited  by  the 
city  of  Galveston  upon  so  much  of  said  right  of  way  as  shall 
not  be  completed  by  June  1,  1886. 

Sec.  2.  That  this  grant  is  made  in  connection  ^vith  ano 
as  additional  to  former  grants  of  the  city  council  of  the  citv 

319 


Chap.  XLIII.  Appendix. 

of  Galveston  to  Francis  D.  Allan  and  associates,  by  ordi- 
nances approved  November  6,  1883,  and  March  o,  1884,  and 
subject  to  all  the  conditions  as  are  expressed  in  said  ordi- 
nances. 

[Approved  April  22,  1886. 

CHAPTER  XLIII. 

GRANT  TO  THE  GULF,   COLORADO  AND  SANTA  FE  RAILWAY  COMPANY. 

Section  1.  That  there  is  hereby  granted  to  the  Gulf,  Colo- 
rado and  Santa  Fe  Railway  Company  the  right  of  ^ray  f^r 
their  railway  tracks  for  said  company  and  for  maintaining 
and  operating  a  steam  railway  thereon,  with  the  necessary 
sidetracks  and  switches,  in  the  city  of  Galveston,  as  follows ' 
Upon  and  along  Avenue  A  from  the  western  limits  of  the 
city  of  Galveston  to  the  eastern  limits  of  said  city ;  also  the 
right  to  build  and  extend  their  railways  and  tracks  from 
Avenue  B  to  Avenue  A,  and  at  any  point  or  points  between 
the  western  limits  of  the  city  and  Twenty-ninth  street ;  also 
the  right  to  lay  its  tracks  upon  and  across  all  streets  east 
of  Twentieth  street  and  north  of  Avenue  A  to  the  channel 
in  the  harbor;  also  the  right  to  cross  all  streets  and  alleys 
and  the  intersections  thereof  upon  the  lines  and  ways  above 
specified. 

Sec.  2.  The  grant  herein  made  shall  extend  only  to  so 
much  of  the  streets  and  alleys  as  the  city  of  Galveston  has 
the  right  to  grant  to  railroads  under  the  laws  of  the  State. 

Sec.  3.  The  grant  herein  made  shall  not  include  any  right 
to  enter  upon  any  private  property  without  the  consent  of  the 
owner  thereof,  or  a  legal  condemnation  of  the  same  in  ac- 
cordance with  the  laws  of  the  State. 

Sec.  4.  The  rights,  duties  and  obligations  of  said  railroad 
companies  over  the  right  of  way  herein  granted  shall  be  gov- 
erned by  the  general  laws  of  the  State,  when  not  otherwise 
provided  in  this  ordinance. 

Sec.  5.  The  right  to  regulate  the  grade  of  said  tracks  and 
crossings  over  the  same  at  streets  and  alleys,  for  sanitary, 
police  or  other  municipal  or  economic  purposes,  over  the 
right  of  way  herein  granted,  is  specially  reserved  to  the  city 
of  Galveston,  and  in  constructing  and  maintaining  said  tracks, 

320 


Appendix.  Chap.  XLIII. 

said  company  shall,  as  far  as  practicable,  restore  the  streets 
to  the  condition  in  which  they  now  are,  and  shall  at  all  inter- 
sections of  streets,  where  the  streets  are  now  filled,  or  may 
be  hereafter  filled,  erect  and  maintain  suitable  and  sufficient 
crossings  over  said  tracks. 

Sec.  6.  That  said  railway  company  undertakes  to  hold 
the  city  of  Galveston  harmless,  and  indemnify  it  against  all 
suits,  costs,  expenses  and  damages  that  may  arise  or  grow 
out  of  this  grant,  or  by  reason  of  its  occupation  and  use  of 
the  right  of  way  herein  granted. 

Sec.  7.  That  said  railway  company  shall  permit  switches 
and  connections  to  be  made  with  their  railway  tracks  by  all 
wharf  owners  and  operators,  upon  the  same  or  equal  terms, 
without  discrimination. 

Sec.  8.  That  the  said  railway  company  shall  commence 
their  railway  tracks  along  Avenue  A  within  one  year,  and 
complete  the  same  as  soon  thereafter  as  practicable,  unless 
prevented  by  suit  or  process  of  law,  in  which  latter  event 
the  delay  occasioned  shall  not  be  estimated  or  counted  against 
said  company. 

Sec.  9.  That  in  the  event  said  railway  company  shall  pro- 
ceed to  construct,  maintain  and  operate  a  railway  over  the 
right  of  way  herein  granted,  then  any  oth.er  railway  company 
desiring  to  participate  in  the  ownership  and  operation  of  the 
same,  may  do  so  by  paying  an  equal  pro  rata  of  the  cost  of 
said  railroad  over  said  right  of  way ;  and  in  case  said  rail- 
way companies  can  not  agree  upon  the  cost  of  said  railroad, 
or  upon  terms  satisfactory  among  themselves,  then  the  same 
shall  be  determined  by  a  board  of  arbitration,  consisting  of 
one  arbitrator  to  be  appointed  by  the  city  council  of  the  city 
of  Galveston,  and  one  arbitrator  to  be  appointed  by  the  rail- 
way company  or  companies  owning  or  operating  the  same, 
and  in  case  of  the  disagreement  of  said  arbitrators,  they  shall 
appoint  an  umpire  to  decide  the  matter.  And  should  the 
said  railway  company  or  companies  refuse  to  appoint  an 
arbitrator  when  applied  to,  then  in  that  case  the  city  council 
shall  appoint  two  arbitrators,  who  shall  proceed  to  determine 
the  matter  as  hereinbefore  provided.  It  is  the  object  of  this 
bcction   to    make   a   general    railroad   over   the    right   of   way 

321 


Chap.  XLIV.  Appendix. 

herein  granted  to  th«  end  that  all  railway  companies  that 
f.-ay  now  or  hereafter  terminate  in  Galveston,  so  desiring-, 
may  acquire  equal  rights  in  the  ownership  and  operation  of 
said  railroad. 

[Approved  February  21, 1888. 

CHAPTER  XLIV. 

GRANT  TO  THE    GULF,  COLORARO   AND    SANTA  FE  RAILROAD    COMPANY    AND 
THE  GALVESTON,   HOUSTON  AND  HENDERSON  RAILROAD  COMPANY. 

Section  1.  That  the  right  of  way  upon  Postoffice  street 
(or  Avenue  E)  from  Thirty-seventh  street  east  to  Twenty- 
ninth  street,  and  across  all  intervening  streets,  for  the  pur- 
pose of  constructing,  maintaining  and  operating  a  steam  rail- 
way, with  all  necessary  and  proper  sidings,  is  hereby  granted 
to  the  Gulf,  Colorado  and  Santa  Fe  Railway  and  the  Galveston, 
Houston  and  Henderson  Railroad  Company. 

Sec.  2.  The  rights  and  privileges  aforesaid  are  granted  to 
said  companies  upon  the  condition  that  the  construction  of 
said  railway  upon  said  street  shall  be  commenced  within 
thirty  days,  and  shall  be  completed  within  ninety  days  from 
the  passage  of  this  ordinance;  provided,  the  contemplated 
sidings  may  be  made  at  any  time  during  the  existence  of  this 
grant;  and  upon  the  further  condition  that  said  companies 
shall  fill  Postoffice  street  and  its  intersections,  over  which 
the  right  of  way  is  hereby  granted,  to  grade  satisfactory  to 
the  city  council;  shall  build  and  maintain  culverts  on  Thirty- 
third  and  Thirty-fifth  streets  intersections,  substantially,  and 
to  conform  to  those  now  crossing  Market  street,  and  maintain 
said  culverts  in  good  order;  shall  keep  the  street  used  in  good 
order,  and  shall  so  construct  the  tracks  and  sidings  that  the 
ties  shall  be  bedded  in  and  the  tracks  planked  between  the 
rails  level  with  the  top  of  rail,  and  plank  shall  be  placed  out- 
side of  the  rails  flush  to  top  of  rail  on  each  side  of  the  entire 
length  of  track;  and  construct  and  keep  in  repair  all  neces- 
sary culverts  and  sluices  along  said  track  as  the  natural  lay 
of  the  land  may  require  for  the  necessary  drainage  thereof; 
and  construct  and  maintain  all  crossings  on  a  grade  to  ac- 
commodate wagon  traffic,  as  the  city  engineer  may  direct. 
And  if  said  companies  fail  to  perform  said  conditions,  they 

322 


Appendix.  Chap.  XLV. 

may  be  required  to  do  so  by  order  of  the  city  council,  and 
if  they  still  fail  so  to  do  after  thirty  days'  notice  of  such 
order,  then  all  rights  and  privileges  hereby  granted  are  re- 
voked, and  said  companies  shall  remove  said  track  at  once. 

Sec.  3.  The  city  shall  not  be  responsible  in  any  wise  for 
any  damages  whatsoever  growing  out  of,  or  incident  to,  the 
use  of  said  street  or  intersections  by  said  companies  granted 
by  this  ordinance. 

Sec.  4.  At  any  time  after  the  expiration  of  ten  years  from 
and  after  the  passage  of  this  ordinance,  the  city  council  may 
revoke  the  rights  and  privileges  hereby  granted  by  giving 
two  (2)  years'  notice  thereof  to  the  said  companies;  and  in 
such  event  the  said  rights  and  privileges  shall  cease  and 
terminate  two  years  after  the  service  of  the  notice. 

[Passed  over  Mayor's  veto,  September  7,  1885. 


CHAPTER  XLV. 

GRANT  TO  THE  GULF,   COLORADO  AND    SANTA  FE  RAILWAY  COMPANY. 

Section  1.  That  the  right  of  way  upon  Strand  street  (or 
Avenue  B)  from  Twenty-ninth  street  east  to  Twenty-seventh 
street,  and  across  the  intervening  streets,  for  the  purpose  of 
constructing,  maintaining  and  operating  a  steam  railway  with 
all  necessary  and  proper  sidings,  is  hereby  granted  to  the 
Gulf,  Colorado  and  Santa  Fe  Railway  Company. 

Sec.  2.  The  rights  and  privileges  aforesaid  are  granted 
to  said  company  upon  the  condition  that  the  construction  of 
said  railway  shall  be  commenced  within  thirty  (30)  days 
and  shall  be  completed  within  ninety  (90)  da3^s  after  the  pas- 
sage of  this  ordinance ;  provided,  the  contemplated  sidings 
may  be  made  at  any  time  during  the  existence  of  this  grant. 
And  upon  the  further  condition  that  the  track  shall  be  laid 
upon  the  south  side  of  said  street,  on  a  line  parallel  to  track 
now  laid  on  said  street  between  Thirtieth  and  Twenty-ninth 
streets,  and  that  the  said  company  shall  fill  Strand  street  and 
its  intersections  over  which  thic  right  of  way  is  hereby  granted, 
to  grade  satisfactory  to  the  city  council;  and  build  and  main- 
tain culverts  on  Twenty-eighth  street  substantially,  to  con- 
form to  those  now  in  use,  and  maintain  said  culverts  in  good 

323 


Chap.  XLVI-XLVII.         Appendix. 

order;  shall  keep  the  street  used  in  good  order,  and  shall  so 
construct  the  track  and  sidings  that  the  ties  shall  be  bedded 
in  and  the  tracks  planked  between  the  rails  level  with  top 
of  the  rail,  and  plank  shall  be  placed  outside  of  the  rails  flush 
to  top  of  rail  on  each  side  of  the  entire  length  of  track ;  and 
shall  construct  and  keep  in  repair  all  necessary  culverts  and 
sluices  along  said  track  as  the  natural  lay  of  the  land  may 
require  for  the  necessary  drainage  thereof;  and  construct  and 
maintain  all  crossings  on  a  grade  to  accommodate  wagon 
traffic  as  the  city  engineer  may  direct.  And  if  said  company 
shall  fail  to  perform  said  conditions,  it  may  be  required  to 
do  so  by  order  of  the  city  council,  and  if  it  still  fails  to  per- 
form said  conditions  thirty  (30)  days  after  notice  of  such 
order,  then  all  rights  and  privileges  hereby  granted  are  re- 
voked, and  said  company  shall  remove  such  track  at  once. 

Sec.  3.  The  city  shall  not  be  responsible  in  anywise  for 
any  damages  whatsoever  growing  out  of  or  incident  to  the 
use  of  said  street  and  intersections  by  said  company  granted 
by  this  ordinance. 

Sec.  4.  At  any  time  after  the  expiration  of  ten  (10)  years 
from  the  passage  of  this  ordinance  the  city  council  may  re- 
voke the  rights  and  privileges  hereby  granted  by  giving  two 
(2)  years'  notice  thereof  to  said  company,  and  in  such  event 
the  said  rights  and  privileges  shall  cease  and  terminate  two 
(2)  years  after  the  service  of  the  notice. 

[Passed  August  17, 1885. 

CHAPTER  XLVI. 

GRANT  TO  THE  GULF,   COLORADO  AND  SANTA  FE  RAILWAY  COMPANY. 

Section  1.  That  the  right  of  way  on  Postoffice  street  or 
Avenue  E,  from  Forty-fifth  street  east  to  Thirty-seventh 
street,  is  hereby  granted  to  the  Gulf,  Colorado  and  Santa  Fe 
Railway. 

CHAPTER   XLVH. 

GRANT   TO   THE    GULF,   COLORADO    AND  SANTA    FE   RAILWAY    COMPANY    AND 
THE  GALVESTON,   HOUSTON  AND  HENDERSON  RAILROAD  COMPANY. 

Whereas,  the  ground  for  the  extension  or  opening  of  streets 
between  Thirty-seventh  and  Forty-fifth  streets,  from  Avenue 

324 


Appendix.  Chap.  XLVII. 

E  to  Avenue  B,  and  the  ground  for  the  extension  or  opening 
of  Avenues  C  and  D,  from  Thirty-seventh  street  to  Forty- 
fifth  street,  within  the  present  limits  of  the  city,  has  never 
been  needed,  opened,  used  or  occupied  for  public  streets,  and 
has  been  a  long  time  occupied  by  the  Galveston,  Houston  and 
Henderson  Railroad  Company,  for  necessary  railway  pur- 
poses, and  for  terminal  facilities  for  their  own  and  the  public 
convenience,  without  detriment  to  any  private  right  or  in- 
terest; therefore. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Galveston,  that  the  ground  for  the  extension  or  opening  of 
streets  between  Thirty-seventh  street  and  Forty-fifth,  street, 
from  Avenue  E  to  Avenue  B,  and  the  ground  for  the  exten- 
sion or  opening  of  Avenues  C  and  D,  from  Thirty-seventh  to 
Forty-fifth  street,  shall  not  be  opened  or  occupied  as  public 
streets  or  avenues  so  long  as  the  same  shall  continue  in  the 
actual  occupancy  and  use  of  the  Galveston,  Houston  and 
Henderson  Railroad  Company  and  the  Gulf,  Colorado  and 
Santa  Fe  Railway  Company,  as  at  present  occupied  by  each 
respectively,  exclusively  for  railroad  purposes  and  terminal 
facilities  or  by  their  successors  or  assigns. 

WAIVER. 

To  the  Honorable  Mayor  and  City  Council  of  Galveston  : 

To  meet  any  objection  that  may  be  raised  by  your  honor- 
able body  to  the  ordinance  as  passed  at  your  last  meeting, 
authorizing  the  closing  of  streets  from  Thirty-seventh  to 
Forty-fifth,  between  Strand  (Avenue  B)  and  Postofifice  (Ave- 
nue E),  and  now  occupied  by  the  Galveston,  Houston  and 
Henderson  Railroad  Company  and  the  Gulf,  Colorado  and 
Santa  Fe  Railway  Company  for  depot  grounds,  machine  shops, 
car  shops,  etc.,  we  respectfully  state,  as  representatives 
of  said  railway  companies,  that  we  waive  all  claims  of  title 
to  said  street  by  possession,  limitation  or  otherwise. 

Very  respectfully, 

W.  H.  HARDING, 
.    Prest,  G.  H.  &  H.  R.  R. 
GEO.    SEALY, 
Prest.  G.,  C.  &  S.  F.  R'y. 
Galveston,  September  18,  1882. 
25-  325 


Chaps.  XLVIII-XLIX.     Appendix. 

CHAPTER  XLVIII. 

GRANT  TO  THE  GULF,  COLORADO  AND  SANTA  FE  RAILWAY  COMPANY. 

Section  1.  That  the  right  of  way  be  and  is  hereby  granted 
to  the  Gulf,  Colorado  and  Santa  Fe  Railway  Company  on 
Strand,  in  said  city  of  Galveston,  from  Twenty-ninth  street 
to  Sixtieth,  street,  with  right  to  construct,  operate  and  main- 
tain upon  that  portion  of  said  street  its  railway  tracks,  switches 
and  side-tracks. 

Sec.  2.  This  ordinance  is  granted  with  the  express  under- 
standing and  agreement  that  the  Gulf,  Colorado  and  Santa  Fe 
Railway  Company  shall  hold  the  city  harmless  against  any 
damages  or  costs  which  may  be  sustained  by  reason  of  the 
passage  of  this  ordinance. 

Sec.  3.  At  any  time  after  the  expiration  of  ten  (10)  years 
from  the  passage  of  this  ordinance  the  city  council  may  re- 
voke the  rights  and  privileges  hereby  granted  by  giving  two 
(2)  years'  notice  thereof  to  said  company ;  and  in  such  event 
the  said  rights  and  privileges  shall  cease  and  terminate  two 
(2)  years  after  the  service  of  the  said  notice. 

[Approved  February  7,  1891. 


CHAPTER  XLIX. 

GRANT  TO  THE  GALVESTON  JETTY  RAILWAY  COMPANY. 

Section  1.  That  the  right  to  construct,  maintain,  own, 
operate  and  use,  for  a  period  of  fifty  years,  a  railroad  with 
such  side-tracks,  turn-outs  and  switches  as  may  be  necessary, 
be  and  the  same  is  hereby  granted  to  the  Galveston  Jetty 
Railroad  Company  from  the  intersection  of  Tenth  street  and 
Avenue  A,  in  the  city  of  Galveston,  to  the  east  end  of  Gal- 
veston island,  and  thence  into  the  Gulf  of  Mexico  as  far  as 
the  jurisdiction  of  this  city  may  extend. 

Sec  2.  That  the  right  of  way  is  hereby  granted  over,  along 
and  across  any  of  the  streets,  alleys  or  other  property  owned 
or  controlled  by  the  city  of  Galveston,  lying  north  and  east 
of  Tenth  street,  upon  the  line  indicated  upon  the  map  hereto 
attached  and  made  part  of  this  ordinance. 

Sec.  3.  This  ordinance  is  granted  with  the  express  under- 
standing  and   agreement   that   the    Galveston   Jetty   Railroad 

326 


Appendix.  Chap.  XLIXa. 

Company  shall  hold  the  city  harmless  against  any  damage 
or  cost  it  may  snstain  by  reason  of  the  passage  of  this  ordi- 
nance. 

[Approved  February  23,  1888. 


CHAPTER   XLIXa. 

GRANT  TO  THE  GALVESTON  JETTY  RAILWAY  COMPANY. 

Section  1.  That  the  right  to  construct,  maintain,  own, 
operate  and  use,  for  a  period  of  fifty  years,  a  railroad  along 
Avenue  A,  be  and  the  same  is  hereby  granted  to  the  Gal- 
veston Jetty  Railway  Company  from  the  intersection  of  Tenth 
street  and  Avenue  A,  in  the  city  of  Galveston,  westwardly 
along  said  avenue  to  Fifty-sixth  street. 

Sec.  2.  This  ordinance  is  granted  with  the  express  under- 
standing and  agreement  that  the  Galveston  Jetty  Railway 
Company  shall  hold  the  city  harmless  against  any  damage 
or  cost  it  may  sustain  by  reason  of  the  passage  of  this  ordi- 
nance. 

Sec.  3.  That  in  the  event  said  railway  company  shall  pro- 
ceed to  construct,  maintain  and  operate  a  railroad  over  the 
right  of  way  herein  granted,  then  any  other  railroad  desiring 
to  participate  in  the  ownership  and  operation  of  the  same, 
mav  do  so  by  paying  an  equal  pro  rata  of  the  cost  of  said 
railroad  over  said  right  of  way ;  and  in  case  said  railroads 
can  not  agree  upon  the  cost  of  said  railroad,  or  upon  terms 
satisfactory  among  themselves,  then  the  same  shall  be  de- 
termined by  a  board  of  arbitration  consisting  of  one  arbi- 
trator to  be  appointed  by  the  city  council  of  the  city  of  Gal- 
veston, and  one  arbitrator  to  be  appointed  by  the  railroad 
company  or  companies  owning  and  operating  the  same,  and 
in  case  of  the  disagreement  of  said  arbitrators  they  shall  ap- 
point an  umpire  to  decide  the  matter.  And  should  the  said 
railway  compau}^  or  companies  refuse  to  appoint  an  arbitrator 
when  applied  to,  then,  in  that  case,  the  city  council  shall  ap- 
point two  arbitrators  who  shall  proceed  to  determine  the 
matter  as  hereinafter  provided.  It  is  the  object  of  this  sec- 
tion to  make  a  general  railroad  over  the  right  of  way  herein 
granted,  to  the  end  that  all  railway  companies  that  may  now 

327 


Chaps.  L-LL  Appendix. 

or  hereafter  terminate  in  Galveston,  so  desiring,  may  acquire 
equal  rights  in  the  ownership  and  operation  of  said  railroad. 

[Approved  FebiMiary  23,  1888. 


CHAPTER  L. 

GRANTING   THE    RIGHT   OF  WAY  ON  AVENUE  A  TO    THE  GALVESTON,   BRAZOS 
AND  COLORADO  NARROW  GAUGE  RAILWAY  COMPANY. 

Section  1.  That  the  right  and  privilege  for  constructing 
and  operating  a  line  of  railway  from  its  present  terminus 
on  Ninth  street,  is  hereby  granted  to  the  Galveston,  Brazos 
and  Colorado  Narrow  Gauge  Railway  Company,  for  connec- 
tion with  the  railroads  and  wharves  in  the  city  of  Galveston 
on  Avenue  A. 

Sec.  2.  That  the  said  railway  shall  be  so  constructed, 
caintained  and  operated  as  not  to  obstruct  or  hinder  the  free 
and  convenient  use  of  Avenue  A. 


CHAPTER  LI. 

TO  GRANT  THE    RIGHT  OF  WAY  THROUGH    THE    CITY  OF  GALVESTON  TO  THE 
TEXAS  AND  MEXICAN  RAILWAY  COMPANY. 

Section  1.  That  the  right  of  way  into,  through  and  around 
the  city  of  Galveston,  upon  and  across  the  lines,  streets,  alle3'S 
and  intersections  thereof  hereinafter  mentioned,  for  the  pur- 
pose of  laying,  maintaining  and  operating  a  steam  railway, 
with  all  necessary  and  proper  sidings,  switches  and  turn- 
outs, is  hereby  granted  unto  the  Texas  ]Mexican  Railway  Com- 
pany. That  is  to  say:  Beginning  at  or  near  the  intersection 
of  Avenue  Y  and  Fifty-seventh  street,  thence  on  a  line  parallel 
with  the  Gulf  of  Mexico,  and  at  a  distance  therefrom  of  not 
more  than  two  hundred  yards  from  the  mean  low  ti.^e,  to 
Fourth  street;  or,  beginning  at  the  intersection  of  Avenue  N' 
and  Fifty-seventh  street,  thence  on  said  Avenue  N  to  Fourth 
street;  the  said  railway  company  having  the  privilege  of 
either  of  said  routes,  but  not  both  of  them. 

Sec.  2.  Said  company  shall  also  have  the  right  of  way,  as 
aforesaid,  and  the  same  is  hereby  granted,  to  lay,  construct, 
maintain  and  operate  such  railway,  with  all  necessary  sidings, 
switches  and  turnouts,  upon  Ninth  street  from  Avenue  N  to 

328 


Appendix.  Chap.  LII. 

Avenue  A,  and  upon  Avenue  A  to  connect  with  all  wharves 
and  railroads  upon  or  connecting  with  said  Avenue  A. 

Sec.  3.  Said  company  shall  also  have  the  right  of  way,  as 
aforesaid,  and  the  same  is  hereby  granted,  upon  Seventh  street 
or  Eighth  street,  whichever  it  shall  elect,  but  not  upon  both 
of  them,  from  Avenue  N  to  Avenue  A,  and  upon  Avenue  A 
to  connect  with  track  of  said  company  at  the  intersection  of 
Avenue  A  and  Xinth  street ;  also  the  right  of  wa}'  aforesaid 
on  Thirty-seventh  street,  from  track  of  said  company  upon 
or  south  of  Avenue  N,  as  the  case  may  be,  to  Galveston  bay. 

Sec.  4.  Said  company  shall  also  have  the  right  of  way,  as 
aforesaid,  and  the  same  is  hereby  granted,  from  Fifty-seventh 
street  to  the  w^est  side  of  Bath  avenue,  and  upon  either 
Avenue  E,  or  Avenue  F,  or  Avenue  G,  whichever  may  be 
selected  by  said  company,  but  shall  not  have  such  right  of 
wa}^  upon  more  than  one  of  them. 

Sec.  5.  The  rights  and  privileges  aforesaid  are  granted 
to  said  companv  upon  condition  that  within  two  years  after 
the  passage  of  this  ordinance,  it  shall  construct,  complete, 
equip,  and  have  in  running  order,  and  shall  thereafter  con- 
tinuously maintain  and  operate  a  first-class  narrow  gauge 
railroad  from  the  city  of  Galveston  to  the  town  of  Laredo, 
upon  the  Rio  Grande  river;  and  if  said  railway  shall  not  be 
so  constructed,  completed,  equipped,  and  in  running  order 
w'ithin  said  two  years,  or  if  thereafter  said  company,  or  its 
successors,  shall,  for  a  period  of  six  months,  fail  to  operate 
and  maintain  said  raihvay  in  the  customary  and  usual  man- 
ner, then  said  rights  and  privileges  shall  immediately  cease 
and  determine. 


CHAPTER  LII. 

GRANT  TO  THE  GALVESTON  AND  WESTERN  RAILROAD   COMPANV. 

Section  1.  That  the  rights  of  way  heretofore  granted  in 
the  city  of  Galveston  to  the  Galveston,  Brazos  and  Colorado 
Narrow  Gauge  Railway  Company  and  to  the  Texas  Mexican 
Railwa}'  Company,  on  Xinth  street,  from  Avenue  A  to  Avenue 
N ;  thence  along  Avenue  X^  to  Thirty-seventh  street ;  thence 
along  Thirty-seventh  street  to  Avenue  T ;  thence  westwardly 

329 


Chap.  LIL  Appendix. 

along  Avenue  T  to  Fifty-fifth  street,  with  the  right  to  curve 
south  and  west  at  any  point  west  of  Fiftieth  street,  be  and 
the  same  are  hereby  confirmed.  The  right  to  construct, 
maintain,  own  and  operate  a  railroad  with  either  broad  or 
narrow  gauge  tracks,  or  both,  and  with  such  sidetracks,  turn- 
outs and  switches  as  may  be  necessar}',  be  and  the  same  are 
hereby  granted  to  the  Galveston  and  Western  Railway  Com- 
pany, as  the  successor  of  said  railway  companies,  over  and 
along  the  above  mentioned  streets,  and  on  Avenue  N  west 
from  Thirty-sixth  street,  with  the  right  to  curve  northwardly 
from  Avenue  N,  at  any  point  west  of  Fortieth  street,  into 
Forty-third  street,  or  at  any  street  west  of  and  parallel  to 
Forty-third  street  that  said  railway  company  may  select  and 
occupy;  thence  northwardly  down  the  street  selected,  with 
th.e  right  to  connect  with  tracks  of  the  Galveston,  Houston 
and  Henderson  Railway,  and  the  Gulf,  Colorado  and  Santa 
Fe  Railway,  at  any  point  west  of  Forty-third  street.  That 
the  said  railway  company  shall  construct,  operate  and  main- 
tain its  railway  on  the  streets  over  which  the  right  of  way 
is  hereby  confirmed  and  granted  within  one  year  from  the 
date  hereof,  otherwise  the  rights  herein  granted  sh.all  be 
forfeited. 

Sec.  2.  The  right  is  hereby  granted  to  said  railway  com- 
pany to  curve  from  Ninth  street  into  Avenue  X  ;  frpm  Ave- 
nue N  into  Thirty-seventh  street,  and  from  Thirty-seventh 
street  into  Avenue  T,  upon  any  degree  of  curxature  not  less 
than  three  degrees,  which  said  railway  company  may  deter- 
mine upon,  with  the  right  to  come  into  Avenue  A  and  connect 
with  any  or  all  railroads  now,  or  that  may  hereafter  be  con- 
structed on  that  street,  with  the  further  right  to  curve  into  and 
construct,  maintain,  own  and  operate  its  railroad  on  Post- 
office  street  or  on  Church  street,  from  Fortv-third  street  west- 
wardly  to  the  western  limit  of  the  city.  The  said  railway 
company  shall  construct  their  railway  over  Church  or  Post- 
office  street,  as  in  this  section  granted,  within  one  year  from 
date  hereof,  otherwise  the  right  to  build  on  said  streets  shall 
be  forfeited. 

Sec.  3.  There  is  also  hereby  granted  to  said  Galveston 
and  Western  Railway  Company  the  right  to  construct,  own. 

:i30 


Appendix.  Chap.  LIT. 

operate  and  maintain  a  railroad  over  and  along  Avenue  N 
from  Thirty-seventh  street  to  the  western  limits  of  the  city, 
with  the  right  to  curve  southwardly  from  Avenue  X  into 
and  thence  along  any  street  west  of  Fortieth  street ;  thence 
westwardly  into  and  thence  along  any  avenue  to  the  western 
limits  of  the  city;  with  the  right  also  to  curve  southwardly 
from  the  avenue  selected  into  and  thence  along  any  street 
west  of  Forty-third  street,  thence  to  a  connection  with  its 
present  line. 

Sec.  4.  The  grant  herein  made  shall  extend  only  to  so 
much  of  the  streets  and  alleys  as  the  city  of  Galveston  has 
the  right  to  grant  to  railroads  under  the  laws  of  the  State. 

Sec.  5.  The  grant  herein  made  shall  not  include  any  right 
to  enter  upon  any  private  property  without  the  consent  of 
the  owner  th-ereof,  or  a  legal  condemnation  of  the  same  in 
accordance  with  the  laws  of  the  State. 

Sec.  G.  The  rights,  dv;ties  and  obligations  of  said  railway 
compau}'  over  the  right  of  way  herein  granted  shall  be 
governed  by  the  general  laws  of  the  State,  when  not  otherwise 
provided  by  the  ordinances  of  the  city. 

Sec.  7.  The  right  to  regulate  the  grade  of  said  tracks  and 
crossings  over  the  same  at  streets  and  alleys,  for  sanitary, 
police  or  other  municipal  or  economic  purposes,  over  the  right 
of  way  herein  granted,  is  specially  reserved  to  the  city  of 
Galveston  and  in  constructing  and  maintaining  said  tracks, 
said  company  shall  conform  to  and  be  governed  by  the 
ordinances  of  the  city,  restore  the  streets  to  the  condition 
required  by  the  same,  and  shall  at  all  intersections  of  streets, 
where  the  streets  are  now  used,  or  may  be  hereafter  used, 
erect  and  maintain  suitable  and  sufficient  crossings  over  said 
tracks. 

Sec.  8.  That  in  the  event  said  railway  company  shall 
proceed  to  construct,  maintain  and  operate  a  railway  over 
the  right  of  way  herein  granted,  then  any  other  railway  com- 
pany desiring  to  participate  in  the  ownership  and  operation  of 
same  may  do  so  by  paying  an  equal  pro  rata  of  the  cost  of 
said  railroad  over  said  right  of  way ;  and  in  case  said  railway 
companies  can  not  agree  upon  the  cost  of  said  railroad,  or 
upon    terms    satisfactory    among   themselves,    then    the    same 

331 


Chap.  LIII.  Appendix. 

shall  be  determined  by  a  board  of  arbitration,  consisting  of 
one  arbitrator  to  be  appointed  by  the  City  of  Galveston,  and 
one  arbitrator  to  be  appointed  by  the  railwa}'-  company  or 
companies  owning  or  operating  the  same ;  and,  in  case  of 
disagreement  of  said  arbitrators,  they  shall  appoint  an  umpire 
to  decide  the  matter ;  and  should  the  said  railway  company  or 
companies  refuse  to  appoint  an  arbitrator  when  applied  to, 
then,  in  that  case,  the  city  council  shall  proceed  to  appoint  two 
arbitrators,  who  shall  proceed  to  determine  the  matter  as  here- 
inbefore provided.  It  is  the  object  of  this  section  to  make  a 
general  railroad  over  the  right  of  way  herein  granted,  to  the 
end  that  all  railway  companies  that  may,  now  or  hereafter,  ter- 
minate in  Galveston,  so  desiring,  may  acquire  equal  rights 
in  the  ownership  and  operation  of  said  railroad. 

Sec.  9.  That  said  railway  company  undertakes  to  hold  the 
city  of  Galveston  harmless,  and  indemnify  it  against  all  suits, 
costs  expenses  and  damages  that  may  arise  or  grow  out  of  this 
grant,  or  by  reason  of  its  occupation  and  use  of  the  right  of 
way  herein  granted. 

Sec.  10.  That  all  the  privileges,  rights,  grants,  etc.,  under 
this  ordinance,  shall  be  forfeited,  if  the  said  railway  company 
fails  to  extend  and  build  their  road  across  the  bay  within  five 
years  from  the  passage  of  this  ordinance. 

[Approved  March  8,1889. 


CHAPTER  LIII. 

GAS GRANT   TO   ALFRED   F.   JAMES    AND    HIS  ASSOCIATES  AND  SUCCESSORS. 

Section  1.  Alfred  F.  James  and  Ephraim  McLean,  and 
such  persons  as  they  may  hereafter  associate  with  them,  their 
successors  and  assigns,  be  and  are  hereb}-  authorized  to  use 
the  streets,  lanes,  alleys  and  public  grounds  of  the  city  of 
Galveston,  for  the  term  of  twenty-five  years,  for  the  purpose 
of  laying  down,  in  the  streets,  lanes,  alleys  and  public  grounds, 
pipe  for  conveyance  of  gas  in  and  through  said  city,  for 
the  use  of  said  city  and  its  inhabitants ;  provided,  said  gas 
pipes  shall  not  interfere  with  the  drainage  of  the  city  by 
the  necessary  construction  of  sewers  or  other  underground 
fixtures  for  the  conveyance  of  water  within  said  city.     Nor 

332 


Appendix.  Chap.  LIII. 

shall  the  inhabitants  thereof  be  liable  for  damages  for  the 
necessary  disturbance  of  said  pipe  on  account  of  any  improve- 
ments in  the  drainage  of  the  streets,  lanes,  alleys  or  public 
grounds  of  said  city,  or  in  the  construction  of  any  public 
work. 

Sec.  2.  Whenever  the  said  Alfred  F.  James  and  Ephraim 
IMcLean,  and  their  associates,  successors  and  assigns,  shall 
at  any  time  propose  to  open  any  street,  lane,  alley  or  public 
ground  for  the  purpose  of  laying  down  gas  pipe,  they  shall 
give  the  city  surveyor,  or  the  mayor  of  said  city  if  there  be 
no  surveyor,  three  days'  notice  thereof,  and  shall  not,  dur- 
ing the  progress  of  the  work,  unnecessarily  obstruct  the  pas- 
sage of  said  streets,  etc.  And,  further,  they  shall,  within  a 
reasonable  time,  repair  such  parts  of  any  street,  lane  or  alley, 
as  they  may  have  broken  up  for  such  purpose,  in  such  man- 
ner as  shall  be  acceptable  to  the  proper  corporate  authorities 
of  said  city. 

Sec.  3.  In  consideration  of  the  privileges  granted  to  Al- 
fred F.  James  and  Ephraim  ]^IcLean,  their  associates,  suc- 
cessors and  assigns,  they  shall  furnish  to  the  said  city,  if 
required,  upon  the  streets,  lanes  and  public  grounds,  in  or 
through  which  the  leading  or  main  pipes  shall  be  laid  for 
the  purpose  of  supplying  the  citizens  with  gas,  such  quantity 
of  gas  as  may  be  required  by  the  city  council  for  public  lamps, 
at  a  price  not  exceeding  that  charged  to  private  individuals 
by  this  or  any  other  company  hereafter  to  be  established, 
which  gas,  whenever  required  by  said  city,  said  corporate 
authorities  shall  take  from  said  Alfred  F.  James  and  Ephraim 
McLean,  their  associates,  successors  and  assigns,  the  lamp 
posts,  meters  and  lamps  being  furnished  at  the  expense  of 
the  city. 

Sec.  4.  Said  Alfred  F.  James  and  Ephraim  McLean,  their 
associates,  successors  and  assigns,  shall  be  and  are  hereby 
authorized  to  charge  the  inhabitants  of  said  city  for  the  gas 
furnished  by  them,  not  exceeding  seven  dollars  for  every  one 
thousand  feet. 

Sec.  5.  Temporary  failure  on  the  part  of  said  Alfred  F. 
James  and  Ephraim  McLean,  their  associates,  successors  and 
assigns,  to   perform   any  of  the   conditions   exacted  of  them. 


Chap.  LIII.  Appendix. 

when  such  failures  are  occasioned  by  accident  or  otherwise 
untoward  events,  shall  not  work  a  forfeiture  of  their  privi- 
lege, provided  that  such  accidents  or  events  be  remedied  or 
repaired  within  a  reasonable  time. 

Sec.  6.  That  the  mayor  be  authorized  and  required  to  enter 
into  a  written  contract  on  the  part  of  the  corporation  of  the 
city  of  Galveston,  with  the  parties  before  mentioned,  under 
and  in  accordance  with  the  provisions  hereof,  and  for  the 
purpose  of  carrying  out  the  provisions  of  the  same  ;  and  the 
contract  to  be  entered  into  by  virtue  thereof  shall  be  con- 
sidered as  applying  to  said  parties,  and  such  other  persons 
as  they  may  from  time  to  time  associate  with  them,  their  suc- 
cessors and  assigns ;  and  in  case  said  persons  shall  procure 
an  act  of  incorporation  from  the  legislature  of  the  State 
of  Texas,  in  relation  to  the  purposes  herein  contemplated, 
then  this  ordinance  and  the  contract  herein  contemplated 
shall  be  applicable  to  and  considered  as  if  made  with  such 
corporate  body. 

Sec.  7.  Any  person,  corporation  or  association  of  per- 
sons, having  been  thereto  specially  authorized  by  ordinances 
of  the  city  council,  that  has  heretofore  erected  and  established, 
or  that  may  hereafter  erect  and  establish,  gas  works  to  light 
the  dwellings  and  buildings  of  the  inhabitants  of  said  city 
with  gas,  be  and  are  hereby  authorized  to  use  the  streets, 
sidewalks,  alleys  and  public  grounds  of  said  city  for  the  pur- 
pose of  laying  down  beneath  the  surface  thereof  pipe  for  the 
conveyance  of  gas  in  and  through,  the  said  city,  for  the  use  of 
said  city  and  its  inhabitants  ;  provided,  that  gas  pipes  shall  not 
be  laid  or  placed  so  as  to  interfere  with  the  drainage  of  said 
city,  by  the  necessary  construction  of  sewers  or  other  un- 
derground fixtures  as  receptacles  of  water,  or  for  the  con- 
veyance of  water  within  said  city.  Nor  shall  said  city,  or 
the  inhabitants  thereof,  be  liable  in  damages  for  the  nec- 
essary disturbance  of  said  gas  pipe,  by  reason  of  an.v  improve- 
ment in  the  drainage  of  said  streets,  sidewalks,  alleys  or  public 
grounds;  provided  further,  that  any  person,  corporation  or 
association  of  persons  so  using  said  streets,  sidewalks,  alleys 
or  public  grounds  shall  not  obstruct  the  passage  thereof,  while 
preparing  for  and  laying  down  said  pipe,  and  shall  not  break 

334 


Appendix.  Chap.  LIU. 

nor  open  any  such  street,  sidewalk,  alley  or  public  ground 
to  any  greater  extent  than  may  be  necessary  to  lay  down  the 
pipe  already  on  the  ground  where  the  same  is  to  be  laid, 
and  shall  immediately  proceed  to  repair  said  street,  side- 
walk, alley  or  public  ground,  and  fill  up  any  excavation  so 
made  therein,  to  the  satisfaction  of  the  city  engineer  of  said 
city.  It  shall  not  be  lawful  for  any  person,  corporation  or 
association  of  persons,  under  any  pretext  whatever,  to  erect 
and  establish,  or  to  attempt  to  erect  and  establish,  gas  works 
of  any  kind  whatever  within  said  city,  unless  the  erection 
and  establishment  thereof  shall  have  been  specially  author- 
ized by  ordinance,  as  aforesaid.  Any  person  or  persons,  cor- 
poration or  association  of  persons,  violating  or  failing  to  com- 
ply with  any  of  the  provisions  of  this  section,  and  any  and  all 
persons  who  shall  aid  and  assist  in  such  violation,  shall,  on 
due  conviction  thereof,  be  fined  in  a  sum  of  not  less  than  five 
(5)  nor  more  than  fifty  (50)  dollars,  and  if  said  fine  be  not 
paid,  shall  be  imprisoned  for  a  period  of  not  less  than  five 
nor  more  than  thirty  days. 

Sec.  8.  Whenever  au}^  such  persons,  corporation  or  as- 
sociation of  persons,  having  been  authorized  by  ordinance  to 
erect  and  establish  gas  works,  shall  propose  to  open  any  street, 
sidewalk,  alley  or  public  ground  for  the  purpose  of  laying 
down  gas  pipe,  two  days'  notice  of  said  intention  shall 
be  given  to  the  mayor  before  such  work  shall  be  commenced, 
who  shall  issue  a  permit  for  such  purpose,  without  which  per- 
mit no  street,  sidewalk,  alley  or  public  ground  shall  be  so 
opened.  Any  person  or  persons,  corporation  or  association  of 
persons,  who  shall  open  or  attempt  to  open  any  street,  side- 
walk, alley  or  public  ground  within  said  city  for  the  purpose 
of  laying  down  gas  pipes,  without  having  given  said  two 
days'  notice  of  his  or  their  intention  to  open  said  street,  side- 
walk, alley  or  public  ground  for  such  purpose,  and  without 
having  procured  the  said  permit  therefor,  shall  be  fined  for 
each  and  every  opening  of,  and  for  each  and  ever  attempt 
to  open,  said  street,  sidewalk,  alley  or  public  ground,  in  a 
sum  of  not  less  than  five  nor  more  than  fifty  dollars  ;  and  if 
said  fine  be  not  paid  shall  be  imprisoned  for  a  period  of  not 
less  than   five   nor   more   than   thirty   days;   and   such   person 

835 


Chap.  LIV.  Appendix. 

or  persons,  corporation  or  asosciation  of  persons,  shall  at  once 
proceed  to  and  repair  such  parts  of  said  streets,  sidewalks,  al- 
leys or  public  grounds  opened  or  attempted  to  be  opened  for 
such  purpose,  at  their  own  expense,  under  the  supervision 
and  to  the  satisfaction  of  the  city  engineer  of  said  cit}^  and 
upon  their  failure  so  to  do,  shall  be  subjected  to  the  same 
fines  and  penalties  as  are  hereinbefore  provided  for  the  vio- 
lation of  the  former  provisions  of  this  section. 

Sec.  9.  The  corporation  of  said  city  of  Galveston  will,  in 
the  purchase  of  gas  for  the  public  lamps,  give  preference  to 
the  person,  association  or  incorporation  who  shall  first  com- 
plete the  required  gas  works  to  supply  the  inhabitants  with 
gas;  provided,  that  the  price  to  be  charged  shall  not  exceed 
that  for  which  gas  of  equal  quality  and  fitness  can  be  obtained 
of  other  persons,  associations  or  incorporations  authorized  to 
erect  and  establish  gas  works  in  said  city. 

Sec.  10.  It  shall  not  be  lawful  for  any  person,  associa- 
tion or  incorporation  to  establish  or  erect  any  gasometer,  or 
other  building  for  generating  gas,  east  of  Thirty-first  street. 


CHAPTER  LIV. 

GRANT  TO  THE  TEXAS  STAR  FLOUR  MILLS. 

Section  1.  That  the  Texas  Star  Flour  ^lills,  a  corporation 
organized  under  the  laws  of  Texas,  be  and  they  are  hereby 
authorized  to  erect  and  construct,  on  the  south  half  of  block 
number  seven  hundred  and  forty  (740),  in  the  city  of  Gal- 
veston, a  grain  elevator  or  elevators,  of  the  capacity  of  not 
less  than  one  hundred  thousand  bushels  of  grain,  of  such  ma- 
terial as  is  hereinafter  named. 

Sec.  2.  That  th-e  Texas  Star  Flour  Mills  be  and  they  are 
hereby  authorized  to  lay  down  railway  tracks  and  switches, 
for  the  purposes  of  their  business,  on  the  following  streets  and 
alleys  in  the  city  of  Galveston,  to-wit:  On  Avenue  A,  be- 
tween Twentieth  and  Twenty-first  streets ;  on  the  alley  run- 
ning east  and  west  in  block  No.  740,  and  across  Twentieth 
and  Twenty-first  streets,  and  such  other  streets  as  may  be 
necessary  so  as  to  make  connections  with  the  system  of  rail- 
way tracks  and  switches  operated  and  maintained  by  the  Gal- 

336 


Appendix.  Chap.  LV. 

veston  Wharf  Company.  Th«  Texas  Star  Flour  Mills,  as  a 
condition  precedent  to  the  grant  contained  in  this  section, 
undertakes  and  agrees  to  indemnify  and  hold  harmless  the  city 
of  Galveston  against  all  suits,  claims,  loss,  damage  or  ex- 
pense, in  any  manner  growing  out  of  this  grant. 

Sec.  3.  That  the  Texas  Star  Flour  Alills  are  hereby  au- 
thorized to  erect  and  construct  spouts  and  grain  conveyors 
from  said  elevator  or  elevators  to  their  mill  and  to  the  edge 
of  the  channel  of  the  bay,  so  as  to,  enable  them  to  load  ves- 
sels at  the  wharves  with  grain  from  the  elevator.  Said  grain 
conveyors  and  spouts,  in  the  event  of  crossing  any  street, 
shall  be  constructed  at  an  elevation  of  at  least  twenty-five 
feet  above  the  established  grade  of  the  street,  and  shall  be 
constructed  in  accordance  with  the  ordinances  of  the  city  reg- 
ulating the  construction  of  roofs  within  the  fire  limits  of  the 
city. 

Sec.  4.  That  the  Texas  Star  Flour  Mill  shall  construct 
said  elevator  or  elevators  with  walls  of  wood  built  upon  a  solid 
wall  of  brick.  The  walls  shall  be  covered  with  either  cor- 
rugated sheet  iron,  patent  sheet  iron  shingles  or  slate  and 
the  roof  shall  be  constructed  of  fire-proof  material  in  accord- 
ance with  the  requirements  of  the  city  ordinances  regulating 
the  construction  of  roofs  within  the  fire  limits  of  the  city. 

[Approved  November  5, 1886. 

CHAPTER  LV. 

THE  TEXAS  STAR  FLOUR  MILLS. 

Section  1.  That  the  Texas  Star  Flour  Mills  be  and  they 
are  hereby,  in  addition  to  the  buildings  heretofore  constructed 
by  them  under  the  provisions  of  said  ordinance  on  lots  Nos. 
1  and  3,  block  No.  680,  city  of  Galveston,  authorized  to  erect 
on  the  above  mentioned  ground,  including  lot  No.  3  of  the 
same  block,  of  light  material,  such  other  and  additional  iron- 
clad building  or  buildings,  to  be  used  for  warehouse,  storage 
and  general  mill  purposes,  as  shall  be  adequate  for  their  said 
business. 

[Passed  June  5,  1882. 


337 


Chaps.  LVI-LVIIl.  Appendix. 

CHAPTER  LVI. 

GRANT  TO  W.  F.  LADD  AND  HIS  ASSOCIATES. 

Section  1.  That  W.  F.  Ladd  and  his  associates  are  hereby 
granted  the  right  to  build  and  construct,  in  connection  with 
their  cotton  warehouse,  a  gallery  and  awning  over  the  full 
width  of  the  sidewalks  surrounding  the  west  half  of  block  five 
hundred  and  nine  in  the  city  of  Galveston. 

Sec.  2.  The  floor  of  the  gallery  shall  be  constructed  of 
plank,  not  less  than  two  inches  thick,  and  supported  by  pil- 
lars or  posts  mortised  or  let  into  the  curbing,  and  at  an  eleva- 
tion of  not  less  than  ten  feet  from  th^  pavements.  Said  gal- 
lery shall  be  of  sufficient  strength  to  maintain  and  support  a 
pressure  of  at  least  ten  tons.  The  awning  above  the  gallery 
shall  be  covered  with  fire-proof  material,  and  the  gallery  and 
awning  shall  at  all  times  be  kept  in  good  repair,  neatly  painted 
and  in  safe  condition. 

[Approved  May  7,  1887. 

CHAPTER  LVH. 

GRANT  TO  SAMSON  HEIDENHEIMER  AND  HIS  ASSOCIATES. 

Section  1.  That  the  ground  for  the  extension  of  Forty- 
fourth  street,  between  Avenues  C  and  D,  in  the  city  of  Gal- 
veston, is  hereby  granted  to  Samson  Heidenheimer,  liis  as- 
sociates and  successors,  for  railway  terminal  facilities,  and  for 
the  erection  of  a  cotton  seed  oil  mill,  subject  to  the  consent 
of  the  Gulf,  Colorado  and  Santa  Fe  Railway  and  the  G.,  H. 
&  H.  Railway,  until  such  time  as  the  city  council  may  elect 
to  open  said  street  as  a  public  thoroughfare  by  an  ordinance 
duly  passed  by  the  city  of  Galveston. 

Sec.  2.  That  the  said  Samson  Heidenheimer  shall  file  with 
the  city  clerk  a  written  acceptance  of  this  ordinance,  before 
the  same  shall  take  effect. 

[Approved  July  22,  1887 

CHAPTER  LVni. 

GRANT  TO  GALVESTON  BAGGING  AND  CORDAGE  COMPANY. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
Bagging  and  Cordage  Company  of  the  City  of  Galveston, 
the  right  to  use  and  occupy  Thirty-ninth  and  Fortieth  streets, 

338 


Appendix.  Chap.  LIX. 

between  Avenue  F  and  Avenue  G.  for  the  construction,  opera- 
tion and  maintenance  of  a  bagging  and  cordage  factory ;  also 
the  use  of  the  sidewalk  on  Avenue  F  on  the  north  side  of 
blocks  398,  399  and  400,  for  the  purpose  of  placing  a  switch 
or  railroad  track  in  connection  with  said  factory ;  provided, 
that  the  city  of  Galveston  reserves  the  right  to  open  said 
streets  and  sidewalks  whenever  the  convenience  of  the  citi- 
zens may  demand  it. 

Sec.  2.  That,  in  order  to  make  railway  connection  with 
said  factory,  to  be  constructed  on  blocks  398,  399  and  400, 
there  is  hereby  granted  to  the  said  Galveston  Bagging  and 
Cordage  Company  the  right  to  lay  down,  use,  operate  and 
maintain  a  railway  track  or  switch  on  Avenue  F,  from  Thirty- 
fifth  street  west,  with  the  right  to  make  connections  with  the 
Galveston,  Houston  and  Henderson  and  the  Gulf,  Colorado 
and  Santa  Fe  Railway  Companies,  at  such  places  as  may  be 
most  convenient ;  provided,  said  railway  companies  consent 
to  the  same. 

Sec.  3.  That  this  ordinance  shall  take  effect  from  and 
after  its  passage,  and  upon  the  said  Galveston  Bagging  and 
Cordage  Company  filing  with  the  city  clerk  their  acceptance 
of  the  terms  and  provisions  of  this  ordinance. 

[Approved  September  6,  1887. 

CHAPTER  LIX. 

DONATION    BY    REBECCA    SEALY    AND    GEORGE   SEALY,    EXECUTORS    OF  JOHN 
SEALY,   DECEASED,   AND  ACCEPTANCE  BY  THE  CITY. 

Whereas,  Rebecca  Sealy  and  George  Sealy,  executors  of 
the  late  John  Sealy,  have  submitted  to  the  city  council  of 
the  city  of  Galveston  a  tender  and  proposition  in  writing,  in 
terms  following,  to-wit : 

Galveston,  May  12,  1887. — To  the  Honorable,  the  City 
Council  of  the  City  of  Galveston.  Gentlemen :  Th€  ex- 
ecutors of  the  late  Mr.  Sealy,  in  order  to  carry  into  effect 
his  legacy  toward  an  establishment  of  usefulness  or  charity 
in  Galveston,  to  be  of  most  service,  have  concluded  to  tender 
to  your  honorable  body  the  sum  of  fifty  thousand  dollars,  to 
be  used  in  the  erection  of  a  building  for  a  medical  hospital,  on 
the  grounds  to  be  furnished  by  the  city. 

339 


Chap.  LTX.  Appendix. 

This  amount,  on  your  acceptance  thereof,  and  your  appoint- 
ment of  a  building  committee  to  adopt  a  plan  and  superin- 
tend construction,  will  be  paid  on  the  check  of  the  ch^iirman, 
or  in  such  manner  as  you  may  designate.  No  further  re- 
sponsibility for  any  amount,  nor  further  connection  with  the 
building  is  intended  by  the  executors. 

The  only  condition  placed  upon  the  donation  is  that,  so 
long  as  the  hospital  remains  under  the  administration  of  the 
city,  it  should  be  rendered  more  useful  to  the  indigent  sick 
of  the  city,  under  the  regulations  deemed  best  by  you  for 
that  object.  Should  the  medical  department  of  the  Texas 
State  University  be  practically  established  at  Galveston,  as 
the  State  Constitution  requires,  and  should  you  deem  it  proper 
to  transfer  the  same  to  the  university,  for  its  benefit,  you 
have  the  consent  of  the  executors  to  such  action  as  your 
wisdom  shall  dictate.  Very  respectfully, 

REBECCA   SEALY, 
GEORGE  SEALY, 

Executors. 

And  whereas,  it  is  considered  that  the  acceptance  of  said 
tender  and  proposition  on  behalf  of  the  city  of  Galveston  is 
demanded  by  the  interests  and  will  be  promotive  of  the  health 
of  the  inhabitants  thereof;  therefore, 

Section  1.  Be  it  ordamed  by  the  city  council  of  the  city 
of  Galveston,  that  the  certain  tender  and  proposition,  herein- 
before recited,  of  Rebecca  Sealy  and  George  Sealy,  executors 
of  the  late  John  Sealy,  to  deliver  to  th«  city  council,  upon 
the  terms  and  conditions  and  for  the  purposes  herein  named, 
the  sum  of  fifty  thousand  ($50,000)  dollars,  be  and  the  same 
is  hereby  accepted. 

Sec.  2.  That  the  following  named  citizens  of  said  city, 
nominated  by  the  mayor  and  confirmed  by  the  passage  of 
this  ordinance,  viz:  Charles  Fowler,  Dr.  J.  F.  Y.  Paine,  J. 
Reymershofifer,  J.  P.  Davie  and  Dr.  C.  W.  Trueheart,  are  to 
constitute  a  building  committee,  styled  committee  on  building 
Sealy  hospital,  with  full  power  to  act,  to  carry  out  the  ob- 
ject of  the   munificent  gift  of  the   executors  of  John    Sealy, 


340 


Appendix.  Chap.  LX. 

as  in  their  judgment  they  may  deem  best,  and  with  the  au- 
tliority  to  receive  and  disburse  the  said  funds. 

Sec.  3.  That  south  half  of  block  six  hundred  and  sixty- 
eight,  where  the  present  frame  hospital  building  stands,  is 
hereby  dedicated  for  the  use  and  erection  of  the  Sealy  hospital. 

[Approved  September  6,  1887 


CHAPTER  LX. 

GRANT  TO  ISAAC  HEFFRON,   HIS  ASSOCIATES  AND  SUCCESSORS. 

Section  1.  That  there  is  hereby  granted  to  Isaac  Hef- 
front,  his  associates  and  successors,  the  right  to  construct, 
lay  down,  maintain  and  operate  a  sj^stem  of  sewerage  pipes 
in  the  streets  and  alleys  of  the  city  of  Galveston,  as  follows: 

A  twelve-inch  pipe  from  the  channel  of  the  bay  along  Twen- 
tieth street  to  the  south  side  of  Avenue  H,  and  six  and  eight- 
inch  lateral  pipes  through  all  alleys,  between  Eighteenth  street 
on  the  east,  and  Twenty-third  street  on  the  west,  between 
the  channel  of  the  bay  and  Avenue  H,  together  with  the  right 
to  cross  all  streets  within  the  aforesaid  limits,  at  the  inter- 
section of  the  alleys  with  the  streets. 

Sec.  2.  That  cast-iron  pipes  shall  be  used  from  the  outlet 
of  Said  Twentieth  street,  extending  from  the  channel  of  the 
bay  to  the  present  bulkhead.  The  balance  of  the  piping,  both 
main  and  lateral,  shall  be  constructed  and  laid  with  first- 
class,  well-seasoned,  hub-joint  cement  pipe,  thoroughly  glazed 
on  the  inside  with  a  composition  of  asphaltum  and  tar. 

Sec.  3.  That  said  sewerage  pipes  shall  be  laid  at  such 
depths  below  the  grade  of  the  street  and  alleys  as  shall  be  de- 
termined by  the  city  engineer,  and  upon  such  grades  as  shall 
secure  the  easy  and  speedv  flow  and  expulsion  of  all  sewerage 
matter  under  a  proper  system  of  flushing. 

Sec.  -1.  That  said  sewerage  pipes  shall  be  furnished  with 
all  such  valves,  water  taps,  man  holes,  ventilators,  and  other 
devices  as  shall  be  necessary  to  secure  a  safe  and  wholesome 
system  of  sewerage. 

Sec.  5.  That,  whenever  said  grantees  shall  determine  to 
open  any  street  or  alley  for  the  purpose  of  laying  down  any 
pipe,  two  days'  notice  of  said  intention  shall  be  given  to  the 
9fi_  341 


Chap.  LX.  Appendix. 

mayor  before  such  work  shall  be  commenced,  who  shall  issue 
a  permit  for  such  purpose,  to  cover  not  more  than  one  square, 
or  380  feet,  in  an}^  one  permit ;  and  no  new  permit  shall  be 
granted  by  the  mayor  until  the  laying  of  pipe  under  the  pre- 
ceding permit  has  been  completed  and  the  surface  of  the 
street,  including  pavements,  is  restored  to  its  original  con- 
dition, to  the  satisfaction  of  the  city  engineer. 

Sec.  6.  That  said  grantees  shall  lay  down  their  said  pipes 
and  restore  the  surface  of  the  streets  and  alleys  to  their  orig- 
inal condition  at  their  own  expense,  and  to  the  satisfaction  of 
the  city  engineer,  and  in  any  case  where  said  grantees  shall 
fail  to  restore  the  surface  of  the  street  as  herein  required, 
the  same  may  be  done  by  the  city  at  the  expense  of  said 
grantees,  which  expense  shall  be  a  lien  on  said  sewerage  sys- 
tem until  paid. 

Sec.  7.  That  said  grantees  shall  cause  to  be  made  and 
filed  in  the  office  of  the  city  engineer  a  map  of  the  territory 
herein  described,  and  the  city  engineer  shall  plat  on  said  map 
the  positon  of  all  pipes  laid  therein,  from  time  to  time,  as  the 
same  are  completed,  so  as  always  to  have  a  complete  map 
of  said  system. 

Sec.  8.  That  when  any  part  of  said  system  of  sewerage 
shall  be  put  in  operation  or  used  by  said  grantees,  they  shall 
cause  the  same  to  be  flushed  with  water  at  least  once  every 
day,  or  oftener,  if  required  by  th«  health  physican  ;  and  no 
■  part  of  said  system  of  sewerage  shall  be  used  or  operated,  un- 
less sufficient  head  of  water  shall  have  been  previously  pro- 
cured for  the  purpose  of  flushing  the  same  in  accordance 
with  this  section. 

Sec.  9.  That  if  at  any  time  said  system  of  sewerage  shall 
become  foul  and  unsanitary,  and  upon  notice  thereof  said 
grantees  shall  fail  or  refuse  to  put  the  same  in  good  repair 
and  condition,  the  same  may  be  done  by  the  city  at  the  ex- 
pense of  said  grantees,  and  the  same  shall  be  a  lien  on  said 
system  of  sewerage  until  paid. 

Sec.  10.  That  when  any  permit  shall  have  been  granted 
by  the  mayor  to  lay  down  any  pipe  under  this  ordinance,  it 
shall  be  the  duty  of  the  city  engineer  to  lay  out  and  designate 
the  line  in  the  streets  and  alleys  where  said  pipes  shall  be  laid. 

342 


Appendix.  Chap.  LXI. 

Sec.  11.  That  said  grantees  shall  indemnify  and  hold  the 
city  harmless  against  all  suits,  damages,  costs  and  expenses 
that  may  arise  growing  out  of  the  laying  down  of  said  sys- 
tem of  sewerage. 

Sec.  12.  That  said  grantees  and  their  said  system  of  sew- 
erage shall  always  be  subject  to  any  and  all  ordinances  passed 
by  th«  city  council  of  the  city  of  Galveston ;  and  the  city  of 
Galveston  reserves  the  right  to  have  any  of  the  said  pipes 
repaired  or  removed  at  the  expense  of  the  grantees,  whenever 
the  same  shall  become,  by  decay  or  otherwise,  a  nuisance  to 
the  citizens  of  the  city. 

Sec.  13.  That  the  said  Isaac  Heffron  and  his  associates 
shall  have  the  right  to  incorporate  themselves,  under  the  laws 
of  the  State  and  said  corporation  shall  be  entitled  to  all  the 
rights  and  privileges  herein  granted. 

Sec.  14.  That  said  grantees  shall  commence  the  laying  of 
said  main  pipe  on  Twentieth  street  within  ninety  days,  and 
complete  the  same  within  twelve  months  from  and  after  the 
passage  hereof. 

[Approved  September21, 1886. 


CHAPTER  LXI. 

GRANT  TO  GALVESTON  SEWER  COMPANY. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
Sewer  Company,  a  corporation  duly  incorporated  under  the 
laws  of  the  State  of  Texas,  for  a  term  of  twenty  years  and 
subject  to  the  conditions,  provisions  and  stipulations  herein- 
after contained,  the  right  to  construct,  lay  down,  operate  and 
maintain  a  system  of  sewerage  under  and  along  the  streets 
of  the  city  of  Galveston,  within  the  territory  and  in  the  manner 
following,  to-wit : 

A  main  sewer  pipe  from  the  south  edge  of  the  channel  of 
Galveston  bay,  opposite  the  north  end  of  Bath  Avenue,  or 
Twenty-fifth  street,  thence  along  said  Bath  Avenue  or  Twen- 
ty-fifth street,  to  the  north  side  of  Broadway  or  Avenue  J,  at 
the  intersection  of  said  two  streets,  and  the  lateral  pipes  con- 
necting with  said  main  sewer,  under  and  along  all  the  alleys 
Iving  between  said  Galveston  bay  on  the  north  and  Winnie 

343 


Chap.  LXI.  Appendix. 

street  or  Avenue  G  on  the  south,  and  Tremont  or  Twei.ty- 
third  street  on  the  east  and  Twenty-seventh  street  on  the 
west;  the  said  main  sewer  to  be,  for  a  distance  of  at  least  400 
lineal  feet  southwardly  along  said  Bath  Avenue,  commencing 
just  inside  the  channel  of  said  bay,  an  iron  pipe,  twenty  inches 
in  diameter,  inside  measure,  and  of  standard  thickness,  and  to 
be  laid  for  that  distance  upon  a  pile  foundation ;  thence  south- 
wardly along  said  Bath  Avenue  to  the  north  side  of  Broad- 
way or  Avenue  J,  at  its  intersection  with  Bath  Avenue,  an  oval 
or  egg-shaped  cement  pipe,  two  inches  thick  and  fifteen  by 
twenty-one  inches  in  diameter,  having  a  flat  base,  and  laid 
at  proper  grade  upon  a  foundation  constructed  of  th'^  best 
quality  of  red  heart  cypress  plank,  having  a  thickness  of  at 
least  two  inches,  and  said  plank  to  terminate  with  a  round, 
jointed  hub,  twelve  inches  in  diameter;  and  all  the  lateral 
pipes  to  be  not  less  than  six  and  eight  inches  in  diameter  and 
of  the  same  quality  and  material,  and  glazed  on  the  inside  with 
a  coating  of  asphalt  composition,  and  laid  on  the  same  char- 
acter of  foundation  as  that  portion  of  the  main  sewer  lastly 
above  described. 

Sec.  2.  The  iron  pipe  used  for  the  outlet  of  the  main  sewer 
shall  drop  into  the  waters  of  the  channel  of  the  bay  at  least 
two  feet  below  mean  low  tide,  and  in  such  manner  as  to  ef- 
fectually prevefit  any  odors  arising  from  the  outflow  of  sew- 
erage. 

Sec.  3.  All  the  said  pipes,  mains  and  laterals  shall  be  laid 
at  such  depths  below  the  present  grade  of  the  said  streets 
and  alleys  as  not  to  interfere,  in  any  manner  with  the  public 
use  and  enjoyment  thereof,  and  at  such  gradient  as  to  secure, 
at  all  times,  a  ready  and  speedy  flow  of  sewerage. 

Sec.  4.  The  said  pipes,  mains  and  laterals  shall  be  fur- 
nished with  all  such  valves,  water-holes,  man-holes,  venti- 
lators, flushing  tanks  and  other  devices,  constructed  of  the 
most  approved  materials  and  in  a  good,  workmanlike  man- 
ner, as  shall  be  necessary  to  secure  a  safe  and  entirely  whole- 
some system  of  sewerage. 

Sec.  5.  Whenever  said  company  shall  conclude  to  open 
any  street  or  alley  under  this  grant  for  the  purpose  of  laying 
down  any  pipe  thereon,  two  days'  notice   of  such   intention 

344 


Appendix.  Chap.  LXI. 

shall  be  given  the  mayor  of  the  city  before  such  work  is  com- 
menced, who,  after  examining  and  satisfying  himself  that  the 
provisions  and  requirements  of  this  grant  are  being  in  good 
faith  pursued  in  that  behalf,  may  issue  a  permit  to  the  said 
company  to  proceed  with  the  work  of  laying  the  pipe  or 
main  along  such  street  or  alley;  provided,  that  no  single  per- 
mit shall  cover  or  include  more  than  one  block,  or  340  feet; 
and  provided,  also,  that  no  additional  permit  shall  be  granted 
until  the  laying  of  pipes  or  mains  under  the  permit  already 
granted  shall  have  been  completed  and  the  streets  and  alleys, 
including  pavements,  shall  have  been  restored  by  the  said 
company  to  their  former  condition,  to  the  satisfaction  of  the 
cit}'  engineer. 

Sec.  6.  The  said  sewer  company  shall,  in  laying  its  mains 
and  other  pipes,  restore  to  their  former  conditon,  at  its  own 
expense  and  to  the  satisfaction  of  the  city  engineer,  all  streets 
and  alleys  occupied  by  it ;  and  should  the  said  company  fail  or 
neglect  to  restore  any  street,  alley  or  pavement,  as  herein 
contemplated  and  provided,  within  two  days  after  written 
complaint  thereof  to  it  by  the  city  engineer,  the  same  may 
be  done  by  the  city  at  the  expense  of  said  sewer  company. 

Sec.  T.  The  following  elevations  of  the  main  sewer  shall 
be  the  grade  line  upon  which  the  same  is  to  be  laid;  provided, 
however,  from  the  channel  of  the  bay  to  Avenue  A  the  said 
main  sewer  may  be  on  a  level : 

Grade  at  Avenue  A,  0.5  feet  above  mean  low  tide. 

Grade  at  Avenue  B,  0.83  feet  above  mean  low  tide. 

Grade  at  Avenue  C,  1.16  feet  above  mean  low  tide. 

Grade  at  Avenue  D,  1.49  feet  above  mean  low  tide. 

Grade  at  Avenue  E,  1.82  feet  above  mean  low  tide. 

Grade  at  Avenue  F,  2.15  feet  above  mean  low  tide. 

Grade  at  Avenue  H,  2.81  feet  above  mean  low  tide. 

Grade  at  Avenue  I,  3.14  feet  above  mean  low  tide. 

Grade  at  Avenue  J,  3.47  feet  above  mean  low  tide. 

And  all  laterals  shall  be  connected  with  said  main  sewer  on 
a  curve  of  a  radius  of  not  less  than  ten  feet,  and  wherever 
suchi  connections  are  made,  and  wherever  obstructions,  in 
the  shape  of  water  pipes,  gas  pipes  or  other  sewer  pipes  exist, 
man   holes  of  brick,  and  of  such   dimensions   as  to   admit   a 

345 


Chap.  LXI.  Appendix. 

man,  and  covered  with  an  iron  grating  for  ventilation,  shall 
be  constructed. 

Sec.  8.  Wherever  private  sewers  exist  in  the  streets  and 
alleys  named,  the  said  company,  to  avoid  having  more  than 
one  out-fall  on  the  same  street,  shall,  at  its  own  expense,  con- 
nect such  private  sewers  with  its  own  system  of  sewerage ; 
and  each  dead  end  of  all  the  pipes,  main  and  lateral,  shall  be 
provided  with  the  most  approved  means  for  flushing  at  least 
once  in  every  twenty-four  hours. 

Sec.  9.  The  said  sewer  company  shall  cause  to  be  made 
and  filed  in  the  office  of  the  city  engineer  a  map  of  the  terri- 
tory herein  described ;  and  it  shall  be  the  duty  of  the  city 
engineer  to  plat  in  said  map,  from  time  to  time  as  the  w^ork 
may  progress,  the  positions  of  all  pipes  laid  therein,  so  as 
to  preserve  for  future  reference  a  complete  map  of  said  sys- 
tem or  plant. 

Sec.  10.  As  soon  as  any  part  of  said  sewerage  shall  have 
been  completed  and  put  into  use,  the  said  sewer  company 
shall  cause  the  same  to  be  flushed  with  water,  at  least 
once  in  every  twenty-four  hours,  and  oftener  if  refpiired  by 
the  city  health  physician,  by  automatic  flushing  tanks  or  by 
connection  with  the  new  water  supply  of  the  city ;  and  no  part 
of  said  sewerage  shall  be  used  or  operated  unless  a  sufficient 
head  of  water  shall  have  been  previously  procured  for  the  pur- 
pose of  flushing  the  same  in  accordance  with  the  provisions  of 
this  section. 

Sec.  11.  It  shall  be  the  duty  of  the  said  sewer  company  to 
keep  its  sewerage  or  plant,  and  ever}'  part  thereof,  at  all  times, 
in  thorough  repair,  clean,  and  in  good  sanitary  condition;  and 
should  said  sewerage,  or  any  part  thereof,  become,  at  an}' 
time,  out  of  repair,  foul  or  unsanitary,  and  the  said  com- 
pany, upon  notice  thereof  from  the  city  health  physican  or 
the  city  engineer,  shall  fail  or  neglect  to  put  the  same  in 
thorough  repair  and  in  a  clean  and  good  sanitary  condition, 
the  same  may  be  done  by  the  city  at  the  expense  of  said 
sewer  company. 

Sec.  12.  As  soon  as  any  permit  has  been  granted  to  the 
said  company  by  the  mayor,  under  section  five  of  this  grant, 
it  shall  be  the  duty  of  the  city  engineer  to  lav  out  and  desig- 

346 


Appendix.  Chap.  LXI. 

nate  the  line  in  tl>2  street  or  alley  where  said  pipes  may  be 
laid,  which  shall  be  at  th-e  expense  of  said  company,  and  the 
said  pipes  shall  be  laid  on  the  line  so  designated,  and  not  other- 
wise. 

Sec.  13.  The  city  of  Galveston  hereby  reserves  to  itself 
the  right  and  privilege,  at  any  time,  of  repairing  said  sewerage 
or  any  part  thereof,  and  after  sixty  days'  notice  of  such  in- 
tention of  altering,  changing  or  removing  the  same,  or  any 
part  thereof — all  at  the  expense  of  said  sewer  company;  and, 
also,  the  right  to  fix  the  maximum  rate  of  charges  for  sew- 
erage service  in  all  cases ;  and  the  said  sewer  company  shall 
furnish  the  said  city,  free  of  charge,  whenever  such  service  is 
needed,  sewerage  service  for  all  buildings  used  or  occupied  by 
the  city  for  municipal  purposes,  within  any  territory  in  its  cor- 
porate limits,  either  now  or  at  any  time  hereafter  occupied  by 
the  said  company.  And  the  said  sewer  company  shall  be  sub- 
ject to  ordinances,  rules  and  regulations  of  said  city  that  now 
exist,  or  that  may  hereafter  be  passed  or  established  by  the  city 
council,  with,  reference  to  the  conduct  and  government  of 
such  companies  or  organizations,  and  with  reference  to  the 
use  and  management  of  their  plants. 

Sec.  14.  The  said  sewer  company  shall  indemnify  and  hold 
harmless  the  said  city  of  Galveston  against  any  and  all  actions, 
suits,  claims  for  damages  to  persons  or  propert)^  and  all  costs 
and  expenses  that  may  arise  or  grow  out  of  the  laying  or  con- 
struction of  its  said  sewerage,  or  out  of  its  use,  operation  or 
maintenance,  or  cut  of  the  negligence  or  misconduct  of  itself 
or  its  agents  or  servants,  and  for  that  purpose  shall  enter  into 
a  bond,  with  three  good  sureties,  in  the  penal  sum  of 
$5,000.00,  payable  to  the  city  of  Galveston,  and  to  be  ap- 
proved by  the  finance  committee  of  said  cit}^ 

Sec.  1.5.  The  said  sewer  company  shall  commence  la^-ing 
said  main  pipe  on  Bath  Avenue  or  Twent3"-fifth  street,  within 
five  (5)  months  next  after  the  loth  day  of  September,  1889, 
and  shall  complete  the  whole  system,  under  this  grant,  within 
one  year  next  after  the  passage  hereof,  under  pain  of  forfeiture 
of  this  grant. 

[Approved  September  18,  1889. 


34: 


Chap.  LXII.  Appendix. 

CHAPTER    LXII. 

AN  ACT  TO  INCORPORATE  THE  GALVESTON  WHARF  AND  COMPRESS  COMPANY. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State 
of  Texas,  that  Mitchell  B.  :Menard,  Ebenezer  B.  Nichols  and 
Henry  H.  Williams  and  their  associates,  be,  and  they  are 
hereby  incorporated  under  the  name  and  style  of  the  Gal- 
veston Wharf  and  Cotton  Press  Company,  and  under  it  may 
transfer  their  right  by  succession  and  assignment,  and  shall 
be  persons  in  law,  capable  of  suing  and  being  sued,  plead  and 
being  impleaded,  in  all  courts  and  places  whatsoever;  and,  also, 
that  they  and  their  successors,  by  the  same  name  and  style, 
shall  be  in  law  capable  of  holding  and  of  conveying  any  es- 
tate, real,  personal  or  mixed ;  and  doing  and  performing  all 
things  which  are  necessary  for  the  business  of  said  compan3% 
and  not  contrary  to  the  Constitution  of  the  .State. 

Sec.  2.  The  capital  stock  of  said  company  shall  not  be 
less  than  one  hundred  thousand  ($100,000)  dollars,  divided 
into  shares  of  one  hundred  ($100)  dollars  each. 

Sec.  3.  The  management  of  the  affairs  of  said  company 
shall  be  conducted  by  a  board  of  five  directors,  each  of  whom 
shall  own  at  least  ten  shares  of  the  capital  stock  of  said 
company,  and  three  of  said  directors  shall  constitute  a  quo- 
rum, to  do  and  perform  all  the  business  necessary  to  the  suc- 
cessful operation  of  said  company.  A  majority  of  said  di- 
rectors shall  appoint  a  president  from  their  own  number,  and 
fill  such  vacancies  as  may  from  time  to  time  take  place  from 
death,  resignation  or  otherwise.  The  election  for  directors 
shall  take  place  in  the  city  of  Galveston,  at  such  time  as  a 
majority  of  stockholders  present  at  their  first  meeting  may 
designate,  which  meeting  shall  be  called  by  the  chief  justice 
of  the  county  of  Galveston,  by  a  notice  in  some  newspaper 
published  in  the  city  of  Galveston,  for  at  least  five  days  pre- 
cedmg  the  day  of  election,  so  soon  as  one  thousand  shares  of 
the  capital  stock  of  said  company  have  been  subscribed,  and 
yearly  thereafter ;  and  in  case  of  failure  to  so  elect  said  di- 
rectors, the  corporation  shall  not  be  dissolved  for  that  cause, 
but  the  president  and  directors  for  the  time  being  shall 
continue  in  ofiice  until  there  be  an  election  ;  provided,  also, 
that  it  shall  be  the  duty  of  said  directors  to  call  a  meeting  of 

348 


Appendix.  Chap.  LXIII. 

the  stockholders  at  an  early  clay  to  elect  the  directory  so 
omitted  to  be  done  at  the  regular  period. 

Sec.  4.  Each  stockholder  shall  have  a  vote  for  each  share 
he  may  own,  and  may  vote  in  person  or  by  proxy. 

Sec.  5.  The  president  and  directors  shall  have  authority 
to  adopt  all  such  rules,  regulations  and  by-law^s,  as  they  may 
consider  necessary  for  the  proper  management  of  the  busi- 
ness and  affairs  of  said  company;  provided,  that  nothing  in 
this  act  shall  affect  any  right  or  title  vested  in  the  city  of 
Galveston  by  its  charter  or  any  other  laws. 

[Approved  February  4,  1854. 

I,  Ed.  Clark,  Secretary  of  the  State  of  Texas,  hereby  certify 
that  the  foregoing  is  a  true  copy  of  the  original  law  now  on 
file  in  the  State  department. 

Given  under  my  hand  and  the  seal  of  the  Depart- 
(L.  S.)  ment  of  State,  of  th.e  city  of  Austin,  this  the  25th 

day  of  February,  A.  D.  1854. 

ED.   CLARK. 


CHAPTER  LXIII. 

AN  ACT,    AMENDATORY  OF  AND  SUPPLEMENTARY  TO,   AN  ACT    TO  INCORPORATE 
THE  GALVESTON  WHARF  AND  COTTON  PRESS  COMPANY 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State 
of  Texas,  that  the  Galveston  AVharf  and  Cotton  Press  Com- 
pany may  change  its  name  to  that  of  the  Galveston  Wharf 
Company,  and  under  it  may  transfer  their  rights  by  succes- 
sion and  assignment,  and  shall  be  persons  in  law  capable  of 
suing  and  being  sued,  plead  and  being  implead,  in  all  courts 
and  places  whatsoever;  and,  also,  they  and  their  successors, 
by  the  same  name  and  style,  shall  be  in  law  capable  of  holding 
and  conveying  estate,  real,  personal  or  mixed,  and  doing  and 
performing  all  things  which  are  necessary  for  the  business 
of  said  company,  and  not  contrary  to  the  Constitution  of  this 
State,  and  generally  do  and  perform  all  such  acts  and  things 
as  they  could  legally  do  under  their  present  name;  and  all 
acts  heretofore  done  in  said  name  shall  be  as  binding  upon 
said  company,  and  in  favor  of  said  company,  upon  third  par- 
ties in  said  new  name,  as  they  were  under  the  first  name; 
and  said  change  of  name  shall  in  no  way  forfeit  or  change 

349 


Chap.  LXIII.  Appendix. 

any  rights  or  liabilities  now  existing  between  said  company 
and  third  parties. 

Sec.  2.  That  section  third  of  the  act  to  incorporate  the 
Galveston  Wharf  and  Cotton  Press  Company,  approved  Feb- 
ruary the  4th,  1854,  be,  and  the  same  is  hereby  amended  so 
as  to  read  as  follows :  The  management  of  the  affairs  of 
said  company  shall  be  conducted  by  a  board  of  nine  directors, 
each  of  whom  shall  own  at  least  ten  shares  of  the  capital 
stock  of  said  company,  and  five  of  said  directors  shall  consti- 
tute a  quorum  to  do  and  perform  all  the  business  necessary 
to  the  successful  operation  of  said  company;  a  majority  of 
said  directors  shall  appoint  a  president  and  vice-president  from 
their  own  number,  and  fill  such  vacancies  as  may  from  time 
to  time  take  place  from  death,  resignation  or  otherwise. 

The  election  for  directors  shall  take  place  in  the  city  of  Gal- 
\eston  at  such  time  as  a  majority  of  stockholders  present  at 
their  first  meeting  after  the  passage  of  this  act  may  designate, 
and  on  the  first  v^Ionday  in  the  month  of  January  in  each 
and  every  years  thereafter,  five  days'  notice  of  such  election 
being  first  given  by  publication  in  some  newspaper  pub- 
lished in  the  city  of  Galveston ;  and  in  case  of  failure 
to  elect  said  directors,  the  corporation  shall  not  be  dissolved 
for  that  cause,  but  the  president,  vice-president  and  directors, 
for  the  time  being,  shall  continue  in  office  until  there  be  an 
election ;  provided,  also,  that  it  shall  be  the  duty  of  said 
directors  to  call  a  meeting  of  the  stockholders  at  an  early  day, 
to  elect  directors  so  omitted  to  be  done  at  the  regular  period. 

Sec.  3.  That  said  conipau}^  shall  have  power  to  borrow 
money  on  their  bonds  or  notes,  at  such  rates  as  the  directors 
may  deem  expedient. 

Sec.  4.  That  this  act  take  eft'ect,  and  be  in  force,  from 
and  after  its  passage.  [Approved  February ii.iseo. 

Department  of  St.^te.  Austin,  Texas.    } 
iVlarch  1,  1860.  f 

I,  the  undersigned.  Secretary  of  State  of  the  State  of  Texas, 
do  hereby  certify  that  the  above  and  foregoing  is  a  correct 
copy  of  the  original  act  on  file  in  the  Department  of  State. 

Given  under  my  hand  and  the  seal  of  the  Depart- 
(L.  S.)  ment   of    State,   the    day    and   year    first    above 

written.  E.  W.  CAVE,  Secretary  of  State. 

350 


Appendix.  Chap.  LXIY. 

CHAPTER    LXIV. 

DECREE  OF  COMPROMISE. 

The   Mayor ^    Aldertneti  atid  Inhabitants  of  the   City  of  Galveston 

versus  the  Galveston  Wharf  Cotfipany. 

This  day  the  above  cause  came  on  to  be  heard,  and  leave 
was  granted  to  both  parties  to  amend  their  pleadings,  and 
amendments  were  hied ;  and  thereupon  the  parties  announced 
themselves  ready  for  trial,  and  waived  a  jury  and  submitted 
this  cause  to  the  court,  and  further  announced  that  the  said 
parties,  plaintiff  and  defendant,  had  agreed  on  the  terms  of 
a  final  settlement  and  compromise  between  said  parties,  and 
that  the  same  should  be  entered  as  the  decree  and  judgment  of 
the  court  therein,  all  errors  and  exceptions  thereto  being 
waived,  and  the  terms  of  said  judgment  and  decree  appear- 
ing to  the  court  to  be  reasonable  and  fair  and  for  the  public 
interests  involved:  Thereupon,  it  is  considered  ordered,  ad- 
judged and  decreed  by  the  court,  that  the  present  capital 
stock  of  the  Galveston  Wharf  Company,  consisting  of  twelve 
thousand  four  hundred  and  forty-four  shares  of  stock  at  one 
hundred  dollars  per  share,  amounting  in  the  aggregate  to 
one  million  four  hundrded  and  forty-four  thousand  four  hun- 
dred dollars,  shall  be  increased  to  full  one-half  thereof,  viz. : 
by  six  thousand  two  hundred  and  twenty-two  shares  of  one 
hundred  dollars  each,  amounting  to  the  sum  of  six  hundred 
and  twenty-two  thousand  two  hundred  dollars,  which  said 
stock  of  said  sum  of  six  hundred  and  twenty-two  thousand 
two  hundred  dollars  shall  be  the  property  of  the  mayor,  al- 
dermen and  inhabitants  of  the  city  of  Galveston,  and  the 
same  shall  stand  and  remain  on  the  books  of  said  company 
as  the  property  of  said  mayor,  aldermen  and  inhabitants  of 
the  city  of  Galveston,  and  the  equal,  undivided  one-third  of  the 
property  of  said  company,  to  be  consolidated  and  vested 
in  it  by  this  decree,  shall  be  owned  by  said  city  and  repre- 
sented by  its  said  stock,  and  the  said  stock  and  the  rights 
and  interests  therein  and  in  said  property  of  said  mayor,  al- 
dermen and  inhabitants  of  the  city  of  Galveston,  shall  be  in 
trust  for  the  present  and  future  inhabitants  of  the  city  of 
Galveston,  and  all  and  ever}^  part  thereof  shall  be  inalienable 

351 


Chap.  LXIV.  Appendix. 

and  not  subject  to  conveyance,  assignment,  transfer,  pledge, 
mortgage  or  any  liability  for  debt  whatever,  in  any  other  man- 
ner than  by  the  vote  of  four-fifths  of  all  the  qualified  voters  of 
said  city  in -favor  of  some  clear  and  specific  proposition  there- 
for. The  dividends  and  net  earnings  of  said  stock  shall  be 
regularly  paid  to  said  ma3^or,  aldermen  and  inhabitants  of 
the  city  of  Galveston,  to  be  disbursed  and  expended  for  the 
public  good  and  benefit  of  said  present  and  future  inhabi- 
tants of  said  city;  and  that  the  said  plaintiffs  shall  be  repre- 
sented by  three  directors  in  the  board  of  directors  of  said 
company,  one  of  whom  shall  be  the  mayor  of  said  city,  who 
shall  be  one  of  the  committee  on  finance ;  another  shall  be  an 
alderman  of  said  city,  and  the  third  shall  be  either  an  alder- 
man or  a  citizen  of  said  city,  both  to  be  elected  by  the  com- 
mon council  of  said  city.  The  other  six  directors  of  said 
company  to  be  elected  by  the  remaining  stockholders  of  said 
company  exclusive  of  stock  of  said  city.  And  it  is  further 
expressly  understood  and  agreed  between  the  parties,  and  is 
so  ordered,  adjudged  and  decreed,  that  in  all  the  stockholders' 
meetings  of  said  company  no  measure  shall  be  adopted,  and 
no  vote,  act  or  proceeding  shall  be  valid,  unless  by  a  vote  of 
three-fourths  of  all  the  stock  of  said  company,  exclusive  of 
the  said  stock  of  the  plaintiff. 

In  consideration  of  all  which,  it  is  further  agreed  between 
the  parties,  and  is  now  considered  ordered,  adjudged  and  de- 
creed by  the  court,  that  all  the  property  rights  and  claims 
of  every  kind  and  description  (except  certain  lots  and  property 
hereinafter  specified),  of  the  said  Galveston  Wharf  Company, 
and  also  all  the  right  title,  interest  and  claim  of  every  kind 
and  description  whatsoever,  of  the  said  mayor,  aldermen  and 
inhabitants  of  the  city  of  Galveston,  in  and  to  all  the  land 
and  ground  extending  from  the  shore  or  ordinary  highwater 
mark  of  the  island  of  Galveston  to  the  channel  of  the  bay  or 
harbor,  from  and  including  the  street  known  on  the  map  and 
plan  of  said  city  of  Galveston  as  Ninth  street,  on  the  east, 
to  and  including  the  street  known  as  Thirty-first  street  on  the 
west,  including  all  the  ground  known  as  the  flats  within  said 
limits,  and  also  all  rights,  capacity,  powers  and  claims  of  said 
plaintiff's  to  build  and  erect  wharves,  and  take   and   receive 

352 


Appendix.  Chap.  LXIV. 

wharfage  therefor,  at  the  end  of  streets  now  or  hereafter 
running  or  extending  to  said  channel,  be  and  the  same  are 
hereby  vested  in  the  said  Galveston  Consolidated  Wharf  Com- 
pany, and  to  be  henceforth  the  corporate  property,  right  and 
title  of  said  Galveston  Wharf  Company,  and  owned,  held, 
possessed,  controlled,  i;sed  and  administered  by  said  com- 
pany— all  the  said  united  and  consolidated  property,  rights 
and  claims,  being  represented  by  said  aggregate  of  one  mil- 
lion, eight  hundred  and  sixty-six  thousand,  six  hundred  dol- 
lars— the  original  two-thirds  thereof  held  by  the  present  stock- 
holders and  one-third  by  the  said  plaintiff  in  trust  as  aforesaid. 
But  it  is  further  expressly  provided,  declared  and  under- 
stood by  the  parties,  and  is  considered,  ordered,  adjudged  and 
decreed  by  the  court,  that  the  rights  of  said  plaintiffs  in  and  to 
certain  parts  of  said  flats  intended  hereby  to  become  the  fu- 
ture property  of  said  company,  are  now  in  litigation  and  con- 
troversy between  said  plaintiff  and  the  Galveston  City  Com- 
pany, or  are  denied  by  said  city  company  and  other  parties,  and 
also  in  controversy  between  plaintiff  and  A.  H.  Bean  and 
others,  in  suit  No.  2437,  on  the  docket  of  this  court ;  and 
that  this  settlement  and  arrangement  shall  have  no  construc- 
tive operation  or  effect  whatever  to  prevent  the  plaintiff 
herein  from  maintaining  and  continuing  all  suits  now  pend- 
ing, or  from  instituting  and  prosecuting  any  and  all  other 
suits  necessary  or  proper  to  recover  and  enforce  the  right 
and  claim  of  said  plaintiff  to  all  of  said  flats,  or  ground,  to 
which  any  adverse  right  may  or  shall  be  held  or  claimed  by 
and  and  all  other  parties  against  said  plaintiff"  or  against 
the  company  he.  ein  united  and  consolidated ;  the  recovery  by 
the  plaintiff  in  all  suits  now  pending  or  hereafter  brought,  and 
all  future  title  to  any  part  of  the  said  flats  in  front  of  the  city 
of  Galveston  within  the  aforesaid  limits,  hereafter  required 
in  any  manner  by  either  party,  to  inure  to  the  common  benefit 
of  the  parties  herein,  and  to  the  good  faith,  fulfillment  and  exe- 
''ution  of  this  compromise  and  settlement. 

It  is  further  agreed  between  the  parties,  and  is  considered 
ordered,  adjudged  and  decreed  by  the  court,  that  the  following 
property  of  said  defendant,  viz. :  all  the  lots,  blocks  and  land 
now  owned,  held  or  claimed  by  said  defendant,  south  of  Ave- 

353 


Chap.  LXIV.  Appendix. 

nue  A,  on  the  map  of  land  of  said  city;  also,  all  the  lots  now 
ownerl  or  h«ld  by  said  company  in  the  south  half  of  the  follow- 
ing blocks,  viz. :  six  lots  in  734,  three  lots  in  735,  two  lots  in 
736,  two  lots  in  737;  also,  all  the  stocks  in  other  companies 
held  by  said  defendant ;  all  the  accounts,  claims,  debts  and  lia- 
bilities now  due  to  or  heretofore  contracted  to  sa'd  defend- 
ant, and  all  its  personal  property  not  forming  part  of  the 
wharves,  shall  not  be  included  in  the  future  property  and 
rights  to  be  held  and  owned  by  said  company  jointly  f?r  p'ain- 
tiffs  and  defendants  as  aforesaid,  but  that  the  saive  shall  be 
withdrawn  from  said  company  and  forthwith  cor.'"eyed  by 
said  company  to  a  trustee  or  tiustees  to  be  named  by  it, 
and  to  be  held  or  disposed  of  for  the  use  and  benefit  of  the 
stockholders  of  said  company  prior  to  this  compromise,  as  the 
holders  of  the  original  stock  of  said  company  may  direct.  It 
IS  further  the  agreement  and  intention  of  the  parties  that  this 
settlement  shall,  if  practicable,  result  in  and  secure  the  final 
settlement  of  all  controversy  and  prevent  future  controversy 
in  regard  to  all  the  wharf  privileges  in  front  of  the  city  of 
Galveston,  and  that  the  whole  of  said  wharf  privileges  shall 
be  united  and  consolidated  in  the  present  parties  hereto. 

It  is  further  agreed,  considered,  ordered,  adjudged  and  de- 
creed by  the  court,  that  as  the  Galveston  Wharf  Company 
has  assumed  to  pay  all  the  expenses  incident  to  the  litigation 
hereby  compromised,  they  shall  have  the  right  to  issue  addi- 
tional stock  at  th.eir  discretion,  which  may  be  held,  pledged 
or  paid  out  in  order  to  raise  the  necessary  funds  to  pay  all  ex- 
penses incurred  in  said  litigation,  or  issue  bonds  or  use  the 
income  or  earnings  of  the  said  AVharf  Company;  to  do  the 
same  after  the  issuance  to  the  city  of  Galveston  of  the  six 
thousand  two  hundred  and  twenty-two  shares  of  stock  as 
aforesaid. 

It  is  further  agreed  by  the  parties,  and  is  ordered,  adjudged 
and  decreed  by  the  court,  that  the  defendants  shall  pay  all  the 
costs  in  this  suit  incurred.  J.  B.  M'FARLAND. 

Judge  of  th«  First  Judicial  District  Court  of  Texas. 


354 


Appendix.  Chap.  LXV. 

The  State  of  Texas, 
County  of  Brazoria. 
I,  S.  L.  S.  Ballowe,,  clerk  of  the  district  court  within  and 
for  the  said  count}^  of  Brazoria,  certify  that,  on  this,  the  first 
day  of  April,  A.  D.  1869,  the  preceding  decree  was  duly  en- 
tered and  recorded  in  the  district  of  Brazoria  county,  and  that 
the  said  preceding  seven  pages  in  all  respects  agree  with  the 
record  of  the  said  district  court,  duly  entered  in  the  suit 
of  the  mayor,  aldermen  and  inhabitants  of  the  city  of  Gal- 
veston against  the  Galveston  Wharf  Company. 

Given  under  my  hand  and  the  seal  of  the  said  district 
(L.  S.)  court  of  Brazoria  county,  this  first  day  of  April, 

A.  D.  1869.  S.  L.  S.  BALLOWE, 

Clerk  D.  C.  B.  C. 
By  G.  WESTERVELT,  Deputy. 


CHAPTER  LXV. 

CONFIRMATION  OF  COMPROMISE. 

An  act  to  confirm  the  compromises  and  settlements  between 
the  corporation  of  the  city  of  Galveston,  the  Galveston  City 
Company,  the  Houston  and  Galveston  Wharf  and  Press  Com- 
pany and  the  Galveston  Wharf  Company. 

Whereas,  on  the  8th  day  of  December,  1851,  an  act  was 
passed  by  the  legislature  entitled  "An  act  granting  certain 
powers  to  the  corporation  of  Galveston  city,"  and  on  the  16th. 
day  of  February,  1852,  an  act  was  passed  entitled :  "An  act 
supplementary  to  an  act  granting  certain  powers  to  the  corpo- 
ration of  Galveston  city,"  approved  December  8th,  1851,  and, 
whereas,  litigation  in  regard  to  the  property  known  as  the 
flats,  within  the  corporate  limits  of  said  city,  existed  for  many 
years,  retarding  the  improvement  and  prosperity  of  said  city, 
which  said  litigation  was  compromised  and  settled  by  a  con- 
sent decree  rendered  in  the  district  court  of  Brazoria  county, 
on  the  first  day  of  April,  1869,  in  a  suit  wherein  the  said  cor- 
poration of  the  city  of  Galveston  was  plaintiff  and  the  Wharf 
Company  was  defendant,  and  by  a  further  consent  decree, 
rendered  in  said  district  court,  on  the  2d  day  of  November, 
1869,  in  a  suit  wherein  the  Galveston  City  Company  was  plain- 

355 


Chap.  LXVI.  Appendix. 

tiff  and  the  corporation  of  the  city  of  Galveston  was  defendant, 
and  by  a  sale  by  said  Honston  and  Galveston  Wharf  and  Press 
Company  to  the  said  Galveston  Wharf  Company ;  therefore, 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas :  That 
the  said  compromises  and  settlements  between  said  parties, 
and  the  said  decress  of  the  district  court  of  Brazoria  county, 
recited  in  the  preamble  hereto,  are  in  all  respects  validated, 
ratified  and  confirmed ;  provided,  however,  that  this  act  shall 
not  be  so  construed  as  to  effect  the  right  or  claim  of  any  per- 
son, whatever,  not  a  party  to  said  suits,  decrees  or  compro- 
mises. 

[Approved  June  23,  1S70. 

This  is  to  certify  that  the  foregoing  is  a  true  copy  of 
an  act  passed  by  the  legislature,  according  to  the 
(L.  S.)     records  of  this  office.    In  testimony  whereof,  I  here- 
unto sign  my  nan\e  and  affix  the  seal  of  my  office, 
this  24  the  day  of  June,  A.  D.  1870. 

JAS.  P.  NEWCOMB, 
Secretary  of  State. 


CHAPTER  LXVI. 
grant  of  right  of  way  by  the  galveston  city  council. 

Regular  Mefting  of  the  City  Council, 
February,  7th,  1870. 

Be  it  resolved  by  the  mayor  and  board  of  aldermen  of  the 
city  of  Galveston  in  council  convened :  That,  whereas,  tht 
Houston  and  Galveston  Wharf  and  Press  Company  has  trans- 
ferred the  wharf  and  privileges  belonging  to  the  said  company 
to  the  Galveston  Wharf  Company,  including  the  wharf  known 
as  the  New  Wharf,  and  all  the  rights  connected  therewith  : 

That  the  right  of  way  heretofore  granted  by  the  city  of 
Galveston  to  the  Houston  and  Galveston  Wharf  and  Press 
Company,  to  lay  a  railroad  track  across  Avenues  D,  C,  B  and 
A,  to  connect  the  G.,  H.  and  H.  R.  R.  with  the  New  wharf,  by 
resolution  passed  October  22,  1868,  has  lapsed  for  want  of  use 
and  transfer  of  property : 

And  the  Galveston  Wharf  Company  having  become  the 
owner  of  said  New  wharf,  and  applied  for  said  right  of  way  for 

356 


Appendix.  Chap.  LXVII. 

a  railroad  to  connect  the  Galveston,  Houston  and  Henderson 
Railroad  with  the  New  wharf,  across  all  intervening  streets 
and  then  eastward  along  Avenue  A  to  Seventh  street,  on  the 
east  end  of  the  city,  with  privilege  of  switching  to  each  of 
the  wharves,  the  right  of  way  is  hereby  granted  to  the  Gal- 
veston Wharf  Company,  conditioned  that  the  work  shall  be 
commenced  within  twelve  months  from  this  date,  and  that 
the  street  crossings  shall  be  kept  in  good  order  for  the  passage 
of  vehicles  by  said  Wharf  Company,  under  the  supervision 
of  the  city  authorities,  and  steam  power  shall  not  be  used  in 
propelling  cars.  That  the  right  herein  granted  shall  not  be 
construed  to  bind  the  city  of  Galveston  to  defend  the  same,  it 
l)eing  intended  to  grant  only  such  right  or  permission  as  the 
city  authorities  lawfully  may  grant. 

On  motion  the  foregoing  resolutions  were  adopted. 

I  certify  that  the  foregoing  is  a  correct  copy  of  the 
(L.  S.)     resolutions  on  record  in  this  office. 

R.  Y.  ROLLING,  Secretary. 


CHAPTER  LXVH. 

GRANT  FOR  RAILROAD  BY  THE  STATE  LEGISLATURE. 

An  act  granting  the  Galveston  AVharf  Company  the  right 
to  make  railroad  connection  with  their  wharves  and  the  rail- 
roads entering  to  city  of  Galveston. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of 
Texas,  that  the  Galveston  Wharf  Company  shall  have  the 
right  to  construct,  own  and  operate  a  railroad,  commencing 
at  or  near  the  present  terminus  or  depot  of  the  Galveston, 
Houston  and  Henderson  Railroad,  and  running  thence  to  the 
New  wharf  owned  by  said  company,  and  thence  along  Avenue 
A  until  it  has  crossed  Bean's  wharf,  and  thence  along  Ave- 
nue A,  or  a  line  to  the  north  thereof,  to  the  east  end  of  Gal- 
veston island,  and  to  cross  all  streets  and  alleys  on  the  route 
of  such  railroad,  and  to  build  switches  from  the  track  to  the 
said  railroad  to  each  of  the  wharves  of  said  company ;  pro- 
vided, that  whenever  said  railroad  crosses  Bean's  wharf  on 
Avenue  A,  it  shall  run  switches,  turnouts,  side  switches,  etc., 
to  the  T  head  thereof,  if  requested  by  the  owners  of  said 
27-  357 


Chap.  LXVIII.  Appendix. 

wharf,  and  shall  furnish  all  necessary  and  proper  rolling  stock 
upon  said  switch  at  Bean's  wharf,  to  enable  said  wharf  to 
receive  with  dispatch  all  articles  shipped  to  said  wharf  or 
coming  to  said  wharf  for  shipment,  and  to  load  and  transport 
all  articles  landed  at  said  wharf,  and  shall  deliver  and  remove 
the  same  with  the  same  dispatch  and  upon  the  same  terms 
and  conditions  that  articles  are  received,  taken  and  removed 
from  any  other  switch  at  any  other  wharf  along  the  line  of 
said  road ;  and  in  case  it  should  be  necessary  to  run  across  any 
private  property  for  the  construction  of  said  railroad,  the  said 
company  shall  have  the  right  to  appropriate  and  condemn  the 
same  on  payment  of  the  fair  value  thereof,  by  agreement  with 
the  owner  or  owners,  or  in  conformity  with  the  general  rail- 
road law  of  this  State. 

Sec.  2.  That  said  company  shall  have  th«  right  to  make 
connection  with  the  Galveston,  Houston  and  Henderson  Rail- 
road in  case  any  change  in  the  terminus  or  depot  of  such  rail- 
road, and  with  any  and  all  other  railroads  which  may,  at  any 
future  time,  enter  the  city  of  Galveston. 

Sec.  3.  That  said  company  shall  have  the  right  to  carry 
and  transport  persons  and  freight  on  said  railroad,  and  charge 
and  receive  reasonable  compensation  therefor,  and  to  run  their 
cars  over  any  connecting  railroad,  in  accordance  with  the 
general  railroad  law  of  the  State. 

Sec.  4.     That  this  act  take  effect  and  be  in  force  from  and 

after   its   passage.  [Passed  August  4,  ISTO. 

State  Department,  Austin,  Texas. 
I,  James  P.  Xewcomb,  Secretary  of  State  for  the  State  of 
Texas,  do  hereby  certify  that  the  foregoing  is  a  true  copy  of 
the  original  enrolled  bill,  now  on  file  in  my  office. 

Witness  my  hand  and  official  seal  at  the  office  in  the 

(L.  S.)     city  of  Austin,  this day  of  August,  A.  D.  1870. 

JAMES  P.  NEWCOAIB, 

Secretary  of  State. 

CHAPTER  LXVHI. 

confirmation    of  railroad  grant  by  the  GALVESTON  CITY  COUNCrL. 

Granted,  by  the  city  of  Galveston,  to  the  Galveston  Wharf 
Company  to  exercise  all  the  rights  and  privileges  contained 

358 


Appendix.  Chap.  LXIX. 

in  an  act  of  the  legislature  of  the  State  of  Texas,  entitled  "An 
act  granting  to  the  Galveston  Wharf  Company  the  right 
to  make  railroad  connection  with  their  wharves  and  the  rail- 
roads entering  the  city  of  Galveston." 

Whereas,  at  the  recent  session  of  the  legislature  of  the 
State  of  Texas,  a  law  was  enacted,  entitled  "An  act  granting 
to  the  Galveston  Wharf  Company  the  right  to  make  railroad 
connection  with  their  wharves  and  the  railroads  entering  the 
city  of  Galveston,"  passed  August  -i,  18T0 ;  therefore, 

Be  it  ordained  by  the  mayor  and  aldermen  of  the  city  of 
Galveston,  in  council  convened,  that  the  right  of  way  for  said 
railroad  is  hereby  granted,  and  that  the  said  Galveston  Wharf 
Company  may  have  and  exercise  all  th-e  rights,  privileges  and 
powers  conferred  by  said  act;  provided,  that  said  road  shall  be 
constructed  in  such  manner  as  not  to  obstruct  the  free  passage 
of  the  streets  on  land  south  of  Avenue  A,  and  that  the  city 
authorities  shall  at  all  times  have  such  authority  as  will  com- 
pel a  due  observance  of  this  condition. 

Be  it  further  ordained,  that  the  ordinance  passed  June  25, 
1870,  granting  the  right  to  establish  a  railway  by  said  com- 
pany, is  hereby  repealed. 

Approved  September  23,  ISTO. 

JAMES  A.  McKEE,  Mayor. 

The  foregoing  preamble  and  ordinance  was  passed  Sep- 
tember 19,  18T0,  at  a  regular  meeting  of  the  city  council,  and  is 
a  true  copy  of  the  original  ordinance  and  record  now  in  the 
mayor's  office,  page  403. 

To  certify  which  I  have  hereto  set  my  hand  and  seal 
(L.  S.)     of  the  city  of  Galveston,  this  23d  day  of  September, 
A.  D.  1870. 

R.  Y.  BOLLING, 
Secretarv  of  the  Board  of  Aldermen. 


CHAPTER  LXIX. 

GRANTING  SOLTH  HALF  OF  BLOCK  321  FOR  PUBLIC  FREE  SCHOOL  BflLDING. 

Whereas.  ^Ir.  Geo.  Ball  h-as,  in  a  generous  public  spirit,  ex- 
pressed his  wish  and  intention  to  give  to  the  city  of  Galves- 

359 


Chap.  LXX.  Appendix. 

ton  the  sum  of  fifty  thousand  ($50,000)  dollars,  to  be  used  in 
the  construction  of  a  public  free  school  building,  or,  if  pre- 
ferred by  the  council,  to  cause  such  a  building  to  be  erected 
upon  some  suitable  central  site  and  donate  it  to  the  city,  which 
noble  contribution  to  the  cause  of  education  and  the  public 
welfare  is  cordially  appreciated  by  the  city  of  Galveston, 
speaking  through  its  mayor  and  council,  who  have  returned 
their  sincere  acknowledgements  to  Mr.  Ball,  and  requested 
him  to  take  charge  of  the  erection  of  the  edifice  so  that  his 
ofifering  may  conform  to  his  own  wishes ;  and. 

Whereas,  a  part  of  block  No.  321  would  afiford  a  desirable 
location  for  such  an  institution  as  is  contemplated,  and  said 
block  is  held  by  the  city  as  a  site  for  a  city  hall  and  other 
public  buildings,  allowing  ample  space  for  such,  hall  and  other 
municipal  structures,  including  the  proposed  school  building; 
therefore,  be  it  ordained  by  the  city  council  of  the  city  of 
Galveston : 

Section  1.  That  the  south  half  of  block  Xo.  .321  be,  and  is 
hereby  permanently  set  apart,  devoted  and  dedicated  as  the 
site  for  the  public  free  school  building,  to  be  erected  by  Mr. 
George  Ball,  and  presented  by  him  to  the  city  of  Galveston. 

Sec.  2.  That  said  building  shall  be  th-e  property  of  the  city 
of  Galveston,  to  be  used  solely  for  the  purpose  designated  by 
the  donor,  viz:  free  public  education,  and  shall  be  and  remain 
at  all  times  under  the  control  and  management  of  the  city  of 
Galveston,  through  its  duly  constituted  authorities. 

[Passed  1883. 


CHAPTER  LXX. 

DONATION  OF  BLOCK  668  TO  THE  STATE  OF  TEXAS, 

Donating  block  No.  668,  together  with  all  improvements 
thereon,  in  the  city  of  Galveston,  to  the  State  of  Texas,  for 
the  use  and  benefit  of  the  University  of  Texas,  to  be  used  for 
and  in  connection  with  the  medical  branch  of  said  university 
— being  supplementary  to  an  ordinance  entitled :  "An  ordi- 
nance donating  block  No.  668,  in  the  city  of  Galveston,  to  the 
University  of  Texas,  to  be  used  for  the  medical  branch  of 
said  university."     Approved  June  18,  1888. 

360 


Appendix.  Chap.  LXX. 

Whereas,  since  the  passage  of  an  ordinance  entitled  "An  or- 
dinance donating  block  No.  668  in  the  city  of  Galveston  to 
the  University  of  Texas,  to  be  used  for  the  medical  branch  of 
said  university,"  approved  June  18,  1888,  the  board  of  regents 
of  said  university  reported  to  the  city  council  of  the  city  of 
Galveston  that  the  ground  donated  by  said  ordinance  as  a 
site  for  the  location  of  the  medical  department  of  said  univer- 
sity was  not  suitable  for  that  purpose,  and  requested  that  addi- 
tional ground  and  another  location  be  obtained  for  such  site ; 
and 

Whereas,  therefore,  the  legislature  of  the  State  of  Texas 
appropriated  the  sum  of  seventy-five  thousand  dollars,  or  so 
much  thereof  as  should  be  necessary,  out  of  the  general  rev- 
enue, for  the  purchase  of  grounds  in  the  city  of  Galveston 
for  the  location  of  the  medical  branch  of  said  university ;  pro- 
vided, that  said  city  or  its  inhabitants  should  donate  twenty- 
five  thousand  dollars,  to  be  used  in  addition  to  the  fifty  thous- 
and dollars  heretofore  appropriated  by  the  State  for  the  con- 
struction of  buildings  for  said  medical  branch  at  Galveston ; 
and 

Whereas,  said  city  thereupon  made  a  donation  of  twenty- 
five  thousand  dollars  in  compliance  with  and  for  the  purpose 
named  in  said  proviso;  and 

\\'hereas,  the  board  of  regents  of  said  university,  in  accord- 
ance with  said  act  of  the  legislature  appropriating  twenty-five 
thousand  dollars  for  the  purchase  of  a  suitable  site  for  the 
location  of  said  medical  branch,  obtained  suitable  ground  in 
said  city,  other  than  said  block  No.  668,  and  made  preparations 
for  the  construction  of  necessary  buildings  thereon  ;  and. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Galveston,  that  block  No.  668,  in  said  city  of  Galveston, 
and  all  improvements  thereon,  be  and  the  same  is  hereby  do- 
nated to  the  State  of  Texas  for  the  use  and  benefit  of  the  Uni- 
versity of  Texas,  to  be  used  for  and  in  connection  with  the 
medical  branch,  of  said  university,  and  the  promotion  of  the 
convenience  and  objects  therefor. 

Provided,  however,  that  should  the  medical  branch  of  the 
State  University  not  be  established  at  the  city  of  Galveston, 
and  the  buildings  necessary  thereto  not  be   erected  at   some 

361 


Chap.  LXXI.  Appendix. 

point  within  the  corporate  limits  of  said  city;  or  should  the 
said  medical  branch  be  at  any  time  thereafter  discontinued, 
the  titles  to  the  above  property,  the  conveyance  of  which  is 
herein  provided  for,  shall  thereupon  revert  to  the  said  city  of 
Galveston ;  and,  further,  that  it  shall  be  so  provided  in  the 
deed  authorized  in  section  two  of  this  ordinance. 

Sec.  2.  That  the  mayor  of  the  city  of  Galveston  be  and  he 
is  hereby  directed  to  make,  execute,  acknowledge  and  deliver, 
a  formal  deed  of  and  to  block  No.  668,  in  the  city  of  Galveston, 
to  the  State  of  Texas,  for  tl'^e  use  and  benefit  of  the  University 
of  Texas,  in  the  name  and  under  the  seal  of  said  city. 

[Approved  July  11,  1889. 


CHAPTER    LXXI. 

GRANTING    CERTAIN    RIGHTS  TO   THE    GALVESTON  ROPE  AND  TWINE  COMPANY 
OF  THE  CITY  OF  GALVESTON. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
Rope  and  Twine  Company  of  the  city  of  Galveston  the  right 
to  use  th-e  sidewalks  of  block  396  (now  owned  by  said  com- 
pany), on  the  east,  west  and  north  sides  of  the  block,  for  the 
purpose  of  construction  of  buildings  connected  with  their 
works,  and  for  the  purpose  of  placing  a  railway  track  in  con- 
nection with  the  said  factory;  provided,  that  the  city  of  Gal- 
veston reserves  the  right  to  open  the  said  sidewalks  whenever 
the  convenience  of  the  citizens  may  demand  it. 

Sec.  2.  That  in  order  to  make  railway  connections  with 
the  said  factory  to  be  constructed  on  block  396,  there  is  hereby 
granted  to  the  said  Galveston  Rope  and  Twine  Company  the 
right  to  lay  down,  use,  operate  and  maintain  a  railway  track 
and  switches  on  avenue  F  from  Thirty-sixth  street  west,  with 
the  right  to  make  connections  with  the  various  railroads  enter- 
ing the  city,  or  that  may  hereafter  enter  the  city,  provided 
said  railway  companies  consent  to  the  same,  and  further  pro- 
vided, that  this  ordinance  shall  in  no  way  conflict  with  pre- 
vious rights  of  way  granted  to  the  Galveston  City  Railroad 
Company  on  Avenue  F. 

Sec.  3.  That  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  and  upon  the  said  Galveston  Rope 

362 


Appendix.  Chap.  LXXII. 

and  Twine  Company  filing  with  the  city  clerk  their  acceptance 
of  the  terms  and  provisions  of  this  ordinance. 

Approved  September  31,  1889.  W.  S.  GRIFFIN, 

Attest :  Acting  Mayor. 

DANIEL  J.  BUCKLEY,  City  Clerk. 

The  State  of  Texas. 
County  of  Galveston 

Whereas,  the  city  council  of  the  city  of  Galveston  passed 
an  ordinance  granting  certain  rights  to  the  Galveston  Rope 
and  Twine  Co.,  of  the  city  of  Galveston, 

Now  therefore,  in  accordance  with  the  third  section  of  said 
ordinance,  the  Galveston  Rope  and  Twine  Co.  hereby  accepts 
said  grant  under  the  terms  and  provisions  set  forth  and  des- 
cribed in  said  ordinance. 

In  testimony  whereof  the  said  Galveston  Rope  and  Twine 
Co.  hereby  signs  its  name  by  and  through  its  president,  this 
20th  day  of  September,  1889. 

GALVESTON  ROPE  AND  TWINE  CO., 

By  Arthur  B.  Homer,  President. 


CHAPTER  LXXII. 

GRANTING  CERTAIN  RIGHTS  TO  THE  GALVESTON  COTTON  AND  WOOLEN  MILLS 
OF  THE  CITY  OF  GALVESTON. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
Cotton  and  W^oolen  Mills  of  the  city  of  Galveston  the  right  to 
the  sidewalks  of  block  No.  400,  now  owned  by  said  company, 
for  the  purpose  of  construction  of  buildings  connected  with 
their  works,  and  for  the  purpose  of  placing  railway  tracks  in 
connection  with  their  factory;  provided,  that  the  city  of  Gal- 
veston reserves  the  right  to  open  the  said  sidewalks  whenever 
the  convenience  of  the  citizens  may  demand  it. 

Sec.  2.  That  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  and  upon  the  said  Galveston  Cotton 
and  Woolen  Mills  filing  with  the  city  clerk  their  acceptance 
of  the  terms  and  provisions  of  this  ordinance. 

Approved  October  8,  1890. 
Attest:  R.  L.  FULTON,  Mayor. 

DANIEL  J.  BUCKLEY,  City  Clerk. 

363 


Chap.  LXXIII.  '  Appendix. 


} 


The  State   of   Texas, 
County  of  Galveston. 

Whereas,  the  city  council  of  the  city  of  Galveston  passed 
an  ordinance  granting  certain  rights  to  the  Galveston  Cotton 
and  Woolen  Mills  of  the  city  of  Galveston; 

Now,  therefore,  in  accordance  with  the  second  section  of 
said  ordinance,  the  Galveston  Cotton  and  Woolen  Mills  hereby 
accepts  said  grant  under  the  terms  and  provisions  set  forth 
and  described  in  said  ordinance. 

In  testimony  whereof  the  said  Galveston  Cotton  and  Wool- 
en Mills  hereby  signs  its  name  by  and  through  its  president, 
and  attested  by  its  secretary,  this  the  10th  day  of  October,  A. 

D.  181)0. 

ALBERT  WEIS, 

Attest :  President. 


Secretarv. 


CHAPTER    LXXIII. 

GRANTING  A  RIGHT  OF  WAY  ON    POSTOFFICE  STREET    AND    EXTENSION    OF    A 
SIDE  RAILROAD  TRACK  TO  THE  TAYLOR  COMPRESS  COMPANY. 

Section  1.  That  the  right  and  privilege  is  hereby  granted 
to  the  Taylor  Compress  Company  to  erect  and  construct  an 
extension  of  its  present  side  railroad  track  on  Postoffice  street, 
beginning  on  the  west  side  of  Thirty-first  street,  and  termi- 
nating in  the  west  side  of  the  alley  between  Twenty-ninth-  and 
Thirtieth  streets,  in  the  city  of  Galveston.  The  city  of  Gal- 
veston reserving  to  itself  the  right  to  require  the  removal  of 
said  sidetrack  whenever,  in  the  judgment  of  the  city  council, 
the  public  interests  may  require  its  removal.  And  until  the 
grant  hereby  made  is  revoked,  the  Taylor  Compress  Company 
shall  have  a  right  of  way  over  and  along  said  railroad  track 
on  said  Postoffice  street  for  the  loading  and  unloading  of  rail- 
road cars,  the  cars  of  all  railroads  to  have  the  same  rights  of 
passage  over  said  sidetrack. 

Approved  October  8,  1891.  R.  L.  FULTON, 

Attest :  Mayor. 

DANIEL  J.  BUCKLEY,  City  Clerk. 

364 


Appendix.  Chap.  LXXIA". 

CHAPTER     LXXIV. 

GRANTING  THE  RIGHT  OF  WAV  TO  THE  SOUTH  GALVESTON  AND  GULF  SHORE 
RAILROAD  COMPANV  ON  STREETS  THEREIN  NAMED. 

Section  1.  That  there  is  hereby  g-ranted  to  the  South  Gal- 
veston and  Gulf  Shore  Raih-oad  Company  the  right  of  way 
for  their  tracks,  and  for  maintaining  and  operating  a  railway 
thereon,  with  electricity  as  a  motive  power,  together  with  the 
necessary  sidetracks  and  switches,  in  the  city  of  Galveston, 
as  follows : 

Commencing  on  Twenty-sixth  (26th)  street,  at  the  south 
side  of  Avenue  B,  or  Strand  street,  thence  south  on  Twenty- 
sixth  street  to  Avenue  I ;  thence  east  on  Avenue  I  to  Nine- 
teenth (19th)  street;  thence  north  on  Nineteenth  (19th)  street 
to  Avenue  C,  or  Mechanic  street ;  thence  east  on  Avenue  C,  or 
Mechanic  street,  to  Eleventh.  (11th)  street;  thence  south  on 
Eleventh  (11th)  street  to  Avenue  N;^  ;  thence  west  on  Avenue 
N^^  to  Sixteenth  (IGth)  street;  thence  south  on  Sixteenth 
(16th)  street  to  Avenue  0)/<  ;  thence  west  on  Avenue  OjA  to 
Twenty-fourth  (24th)  street;  thence  south  on  Twenty-fourth 
(24th)  street  to  Avenue  O,  thence  west  on  Ave- 
nue O  to  Thirty-seventh  (37th)  street;  thence  south 
on  Thirty-seventh  street  (3Tth)  street  to  Avenue 
T ;  thence  west  on  Avenue  T  to  city  limits.  On  Thirty- 
seventh  (oTth)  street  from  Avenue  I  to  south  Avenue  Q,  on 
Thirty-ninth  (39th)  street  from  the  south  side  of  Avenue  F 
south  to  Avenue  I;  thence  east  on  Avenue  I  to  Twenty-sixth 
(26th)  street.  The  grant  herein  contained  is  subject  to  tlic 
provisions  and  conditions  hereinafter  named. 

Sec.  2.  That  for  the  purposes  named  in  section  one  of  this 
ordinance  the  said  compan}^  is  hereby  authorized  to  lay  its 
tracks  and  set  its  poles,  pins,  abutments,  wires  and  other  nec- 
essary fixtures  along  the  streets  named  in  the  foregoing  sec- 
tion of  this  ordinance,  and  across  the  intervening  streets  and 
alleys  of  the  city,  subject  to  the  regulations  hereinafter  pro- 
vided. 

Sec.  3.  The  tracks  and  other  structures  shall  be  so  con- 
structed, kept  up  and  operated  as  not  to  obstruct  or  interfere 
with  the  convenient  use  of  the  streets  by  vehicles  and  those  on 

365 


Chap.  LXXIV.  Appendix. 

foot,  and  shall  afford  ample  accommodation  for  the  safe  travel 
of  the  public. 

Sec.  4.  That  the  said  company  shall  at  all  times  keep  the 
roadbed  of  said  railway  in  good  repair  and  upon  a  level  with 
the  street,  and  when  the  street  is  raised  or  lowered,  the  said 
company  shall  raise  or  lower  their  track  to  conform  thereto, 
and  shall  comply  with  the  requirements  of  the  city  charter  in 
regard  to  paying  their  proportionate  part  of  the  expenses  of 
filling  and  paving  streets.  They  shall  also  construct  and  keep 
in  good  repair  all  cross  culverts  under  their  railway  tracks 
whenever  the  same  may  be  required  by  the  city,  all  of  which 
work  shall  be  done  subject  to  the  approval  and  under  the  di- 
rection of  the  city  engineer ;  and  whenever  the  said  company 
shall  fail  to  construct  and  keep  in  order  the  culverts,  tracks, 
roadbed,  posts,  wires  and  other  fixtures  as  required  by  this 
ordinance,  the  city  shall  have  the  right  to  cause  them  to  be 
constructed  or  put  in  proper  condition  and  repaired,  at  the 
expense  of  the  company,  and  in  the  event  of  their  refusal  to 
pay  the  same,  the  city  may  sue  for  the  amount,  or  forfeit  this 
franchise. 

Sec.  5.  The  rate  of  fare  shall  not  exceed  five  cents  from 
and  to  any  point  within  the  city  limits  for  each  person  over 
twelve  years  of  age.  Onh^  half  fare  shall  be  charged  all  chil- 
dren going  to  and  from  school ;  children  between  three  and 
twelve  years  of  age  shall  be  transported  for  one-half  fare  at 
all  hours,  and  no  charge  shall  be  made  for  the  carriage  of 
children  under  three  years  of  age,  and  any  person  shall  have 
the  right  to  purchase  commutation  tickets  from  said  company 
at  the  rate  of  six  whole  and  twelve  half  tickets  for  twenty- 
five  cents,  and  proportionately  in  any  amount  not  exceeding 
live  dollars. 

Sec.  6.  The  poles  used  as  herein  provided  shall  be  of  sound 
timber,  not  less  than  five  inches  in  diameter  at  the  upper 
end,  reasonably  straight  and  of  uniform  size.  All  poles  shall 
be  thoroughly  painted,  with  not  less  than  two  coats  of  lead 
and  oil  paint,  of  such  color  as  may  be  directed  by  the  committee 
on  streets  and  alleys,  and  be  supplied  with  iron  steps,  com- 
mencing twelve  feet  from  the  surface  of  the  ground  and  reach- 
ing to  the  arms  supporting  the  wires.     Said  wires  shall  be  run 

366 


Appendix.  Chap.  LXXIV. 

at  a  height  of  not  less  than  eighteen  feet  above  the  grade  of 
the  street.  Whenever  the  poles  are  erected  on  a  street,  they 
shall  be  placed  either  in  the  middle  of  the  street  alongside  the 
track,  or  on  the  outer  edge  of  the  sidewalk  just  inside  the 
curbstone,  and  on  line  dividing  the  lots  one  from  the  other, 
or  as  near  to  said  line  as  practicable,  and  in  no  case  to  be  so 
placed  as  to  obstruct  the  drainage  of  the  street  or  to  interfere 
with  or  damage  in  any  way  the  curbstones  or  other  public  or 
private  property  on  the  line  of  the  street  or  alley  where  such 
poles  shall  be  erected.  All  work  of  excavating,  refilling  and 
restoring  the  pavement  and  of  repairing  awnings,  shall  be 
done  at  the  expense  of  the  said  South  Galveston  and  Gulf 
Shore  Railroad  Company,  under  the  supervision  of  the  city 
engineer  and  to  his  entire  satisfaction,  and  in  all  cases  the 
pavement  shall  be  restored  as  soon  as  possible  and  to  the 
same  condition  as  it  was  before. 

Sec.  7.  The  right  is  hereby  reserved  to  the  city  at  any  time 
to  direct  any  alteration  in  the  location  of  the  poles,  or  in  the 
height  at  which  the  wires  shall  be  run. 

Sec.  8.  The  said  company  shall  at  all  times  keep  on  de- 
posit with  the  city  treasurer  the  sum  of  not  less  than  fifty 
dollars,  subject  to  the  order  of  the  city  engineer,  to  be  used 
by  him  in  restoring  any  sidewalk,  gutter,  street,  pavement 
or  awning,  displaced  or  injured  in  the  creation,  alteration  or 
removal  of  any  pole,  track  or  other  structure  of  such  com- 
pany, whenever  said  company  fails  or  refuses  to  make  such 
alteration  to  the  satisfaction  of  the  committee  on  streets  and 
alleys. 

Sec.  9.  The  said  company  shall  at  all  times  permit  the 
city  to  use  and  occupy  the  top  cross-arm  of  any  pole,  erected 
or  to  be  erected,  for  fire,  police  or  municipal  telegraph  or  tel- 
ephone purposes  free  of  charge. 

Sec.  10.  The  said  company  shall  become  solely  responsi- 
ble and  hold  the  city  harmless  against  all  damages  growing 
out  of  the  use  of  the  streets  for  street  railway  purposes  and 
of  electricity  as  a  motive  power  under  the  provisions  of  this 
ordinance. 

Sec.  11.  That  the  said  rights,  privileges  and  franchises  are 
hereby  granted  for  the  term  of  twenty-five  years  from  the 

367 


Chap.  LXXIV.  Appendix. 

passage  of  this  ordinance,  upon  the  condition  that  the  said 
company  shall  commence  the  construction  of  its  line  of  rail- 
way within  five  months  from  the  passage  of  this  ordinance, 
and  have  the  same  completed  and  in  operation  upon  Avenue 
T,  Thirty-seventh  (37th)  street,  Avenue  I  from  Thirty-ninth 
(39th)  street  to  Twenty-sixth  (26th)  street,  and  on  Twenty- 
sixth  (36th)  street,  within  twelve  months  from  the  passage  of 
this  ordinance,  and  shall  complete,  ecpiip  and  have  in  opera- 
tion the  railroad  on  all  the  other  streets  named  herein  within 
two  years  from  the  passage  of  this  ordinance,  unless  prevented 
by  suit  or  process  of  law,  in  which  latter  event  the  delay  occa- 
sioned shall  not  be  estimated  or  counted  against  the  company. 

Sec.  12.  The  said  company  agrees  and  guarantees  to  fur- 
nish to  the  citizens  of  Galveston  first-class  street  railway  ser- 
vice in  every  respect,  and  further  agrees  to  furnish  and  operate 
daily  as  many  passenger  cars  on  its  lines  within  the  city  of 
Galveston  as  may  be  required  to  constitute  a  first-class  elec- 
tric street  car  service. 

The  number  of  cars  on  each  street  and  the  time  between  cars 
each  way  to  be  fixed  and  determined  from  time  to  time  by 
the  city  council,  not  earlier,  however,  than  ninety  days  after 
commencement  of  operations  of  street  railway  service  on  any 
of  the  streets  herein  named. 

Sec.  13.  The  right  is  hereby  reserved  to  the  city  council 
to  grant  a  right  of  way  to  any  other  street  railroad  company 
now  in  existence,  or  to  be  hereafter  established  over  portions 
of  the  lines  and  tracks  of  the  South  Galveston  and  Gulf  Shore 
Railroad  Company  within  the  corporate  limits  of  the  city  (to 
enable  such  street  railroad  to  reach  a  proper  terminal  point) 
upon  such  terms  and  compensation  as  may  be  agreed  upon  by 
a  board  of  arbitrators  to  be  appointed  and  selected  as  follows : 
The  company  desiring  to  use  the  lines  and  tracks  of  the  South 
Galveston  and  Gulf  Shore  Railroad  Compan}^  to  appoint  one 
arbitrator,  the  South  Galveston  and  Gulf  Shore  Railroad  Com- 
pany to  select  the  second  arbitrator,  and  the  city  council  to 
appoint  the  third  arbitrator.  The  term  and  rate  of  compen- 
sation for  the  use  of  said  tracks  to  be  fixed  by  a  majority  of 
said  board  so  appointed,  and  to  be  final  and  binding  on  both 
companies;  provided,  that  no  street  railway  company  now  in 

368 


Appendix.  Chap.  LXXIV. 

operation,  or  that  may  hereafter  be  put  in  operation,  shall 
obtain  the  right  to  use  any  portion  of  the  tracks  of  the  said 
South  Galveston  and  Gulf  Shore  Railroad  Company,  unless 
such  company  make  itself  subject  to  the  conditions  and  stip- 
ulations of  this  section. 

Sec.  14.  This  grant  is  made  upon  the  express  condition 
that  the  South  Galveston  and  Gulf  Shore  Railroad  Company 
shall  execute  to  the  city  of  Galveston,  within  thirty  (30)  days 
from  the  passage  of  this  ordinance,  a  good  and  sufficient  bond 
for  the  sum  of  ten  thousand  dollars  ($10,000),  with  at  least 
five  sureties  thereon,  conditioned  that  the  company  shall  faith- 
fully and  promptly  perform  all  the  conditions,  stipulations  and 
agreements  named  in  this  ordinance. 

The  city  of  Galveston  reserves  the  right,  either  to  enforce 
payment  of  the  bond,  or  to  forfeit  the  rights  herewith  granted, 
and  otherwise  to  proceed  in  the  premises,  as  though  no  such 
bond  was  given. 

Sec.  15.  No  transfer  of  the  franchise  and  grant  hereby 
made  to  the  South  Galveston  and  Gulf  Shore  Railroad  Com- 
pany, nor  consolidation  of  said  company  with  any  other  street 
railroad,  shall  be  made  to  or  with  any  person  or  corporation 
during  the  existence  of  th-is  grant,  without  the  consent  of  the 
city  of  Galveston. 

Sec.  1G.  The  said  railroad  company  shall  make  use  of  all 
such  safeguards  as  from  time  to  time  may  be  ordered  to  be 
applied  by  the  city  council  as  preventatives  from  accident,  and 
the  city  council  reserves  the  right  to  direct  and  require  such 
alterations  to  be  made  in  the  streets  for  railway  purposes,  and 
in  the  electric  appliances  and  wires  of  said  company,  as  in 
the  opinion  of  the  city  council  may  be  compatible  with  the 
public  safety  and  comfort.  The  rate  of  speed  upon  said  rail- 
road shall  be  regulated  from  time  to  time  by  ordinance,  and 
this  grant  is  made  upon  the  express  condition  that  this  com- 
pany shall  conform  to  all  ordinances  of  the  city  of  Galveston 
now  in  force,  or  that  shall  hereafter  be  passed,  providing  for 
public  improvements  and  the  use  of  streets  and  public  high- 
ways, for  street  cars. 

Sec.  17.  That  the  rights  herein  granted  shall  not  conflict 
with   the   rights   of  the   Gulf   City   Street   Railway   and   Real 

369 


Chap.  LXXY-LXXVI.      Appendix. 

Estate  Company,  or  those  of  the  Galveston  City  Railway  Com- 
pany. 

[Approved  November  17,  1891. 


CHAPTER  LXXV. 

GRANTING  TO  THE  UNITED  STATES  OF    AMERICA  THE    RIGHT  TO    CONSTRUCT 
AND  MAINTAIN  JETTY  WORKS  IN  THE  CITY  OF  GALVESTON. 

Section  1.  That  there  is  hereby  granted  to  the  United 
States  of  America  the  right  to  construct  and  maintain  a  sys- 
tem of  jetty  works  for  the  purpose  of  harbor  improvements, 
over  and  along  any  and  all  streets,  alleys  and  public  ground, 
under  the  control  of  the  city,  at  any  point  or  point  east  of 
Ninth  street  and  north  of  Avenue  A,  eastwardly  to  the  bar, 
upon  such  line  or  lines  as  may  be  determined  by  the  United 
States  engineer  in  charge  of  harbor  improvements  in  Galves- 
ton. 

Passed  under  a  suspension  of  the  rules  at  regular  meeting 
of  the  city  council,  August  20,  1888. 

Note. — This  ordinance,  having  neither  been  approved  or 
disapproved  by  the  mayor,  within  the  time  prescribed  by  the 
charter,  becomes  a  law  without  his  signature. 

DANIEL  J.  BUCKLEY, 

City  Clerk. 


CHAPTER  LXXVL 

GRANTING  CERTAIN  RIGHTS  TO  THE  TEXAS  MEDICAL  COLLEGE  AND 
HOSPITAL. 

Section  1.  That  the  north  half  of  block  numbered  six 
hundred  and  eighty-eight,  with  the  buildings  and  improve- 
ments thereon,  together  with  the  two-story  building  on  the 
south  half  of  said  block,  and  now  VDccupied  by  the  board  of 
trustees  of  the  public  free  schools  for  school  purposes,  be  and 
the  same  are  hereby  demised  and  leased  to  the  Texas  Medical 
College  and  Hospital,  a  corporation  duly  incorporated  under 
the  laws  of  the  State  for  the  term  of  ten  years,  subject  to  the 
terms  and  conditions  hereinafter  stipulated. 

Sec  2.  The  two-story  building  situated  on  the  south  half 
of  block  688,  as  aforesaid,  shall  remain  in  the  occupation,  use 

370 


Appendix.  Chap.  LXVI. 

and  possession  of  the  board  of  trustees  of  the  public  free 
schools  until  the  expiration  of  the  present  scholastic  term, 
after  which  the  said  Texas  Medical  College  and  Hospital 
shall  immediately  remove  the  same  to  the  nortli  half  of  said 
block  at  their  own  expense. 

Sec.  3.  The  hospital  building  recently  removed  to  the 
north  half  of  said  block  688,  and  now  occupied  by  the  board 
of  trustees  of  the  public  free  schools  for  school  purposes,  shall 
remain  in  the  occupation  of  the  said  board  of  trustees  until 
February  1,  1889. 

Sec.  4.  That  whenever  the  medical  department  of  the  Uni- 
versity of  Texas  shall  be  established  and  organized  in  the  city 
of  Galveston,  in  case  the  same  shall  be  done  before  the  expira- 
tion of  this  lease,  then  in  that  event  this  lease  shall  terminate, 
and  the  city  of  Galveston  shall  have  the  right  to  enter  and 
take  possession  of  said  premises. 

Sec.  5.  This  lease  or  grant  is  made  for  the  purpose  of  put- 
ting in  operation  a  medical  school ;  and  any  diversion  of  the 
same  for  other  purposes  than  herein  provided,  or  any  sub- 
letting of  the  same  sh^ll  cause  the  same  to  terminate. 

Sec.  6  That  in  consideration  of  this  grant  or  lease,  the  said 
Texas  Medical  College  and  Hospital  undertakes,  stipulates 
and  agrees  to  keep  the  buildings  herein  leased  fully  insured 
for  the  benefit  of  the  city  of  Galveston,  during  the  existence 
of  said  lease ;  and  they  further  undertake,  stipulate  and  agree 
to  keep  the  buildings  and  fences  on  said  grounds  in  repair — or- 
dinary wear  and  tear,  fires,  and  the  acts  of  God  excepted. 

Passed  under  a  suspension  of  the  rules  at  regular  meeting, 
March  19,  1888. 

[Approved  March  20,  1888 
MEMORANDA  OF  CORRECTION. 

In  the  within  ordinance,  granting  a  lease  to  the  Texas  Med- 
ical College  and  Hospital,  th«  City  Hospital  block,  the  prop- 
ertv  therein  leased,  by  clerical  mistake  is  numbered  block  688, 
when  it  is,  in  fact.  No.  668,  and  should  have  been  so  described 
in  said  instrument.  The  purpose  of  this  memoranda  being  to 
correct  said  error.  R.  L.  FULTON, 

Attest :  Mayor. 

DANIEL  J.  BUCKLEY,  City  Clerk. 

371 


Chap.  LXXVII.  Appendix. 

We,  the  undersigned  executive  committee  of  the   trustees 

of  the  Texas  ^ledical  College  and  Hospital,  join  in  the  above 

correction,  and  accept  the  said  lease  with  all  its  conditions  and 

stipulations. 

C.  W.  TRUEHEART, 

J.  F.  Y.  PAINE, 

HENRY  P.  COOKE, 

A.  W.  FLY. 


CHAPTER    LXXVn. 

DONATING  BLOCK  668  TO  THE  (.UNIVERSITY  OF  TEXAS. 

Whereas,  on  May  27,  1887,  Rebecca  Sealy  and  George  Sealy, 
executors  of  the  late  John  Sealy,  tendered  to  the  city  of  Gal- 
veston the  sum  of  $50,000,  to  be  used  in  the  erection  of  a  build- 
ing for  a  medical  hospital  for  the  indigent  sick  of  said  city,  on 
the  grounds  to  be  furnished  by  the  city,  accompanying  said 
tender  by  an  expression  of  their  consent  to  the  transfer  of 
said  donation  by  the  city  to  the  University  of  Texas,  in  the 
event  that  the  medical  department  of  said  university  should 
be  practically  established  at  Galveston  ;  and  said  tender  was 
accepted  by  the  city,  and  the  soutli  half  of  block  668  in  said 
city  dedicated  for  the  use  and  erection  of  said  Sealy  hospital, 
and  a  building  committee  appointed  with  power  to  execute 
the  object  of  said  donation  of  said  executors,  and  to  receive 
and  disburse  said  donations,  by  an  ordinance  of  this  city, 
approved  September  6,  1887 ;  and 

Whereas,  an  act  of  the  legislature  of  the  State  of  Texas, 

passed  — ,  1888,  $50,000  was  appropriated  and  set 

apart  to  be  used  in  the  construction  of  buildings  for  the 
medical  branch  of  the  University  of  Texas  at  the  city  of  Gal- 
veston, provided  that  the  said  city  should  donate  to  the  Uni- 
versity of  Texas  block  No.  668  in  said  city,  to  be  used  for 
the  medical  branch  of  said  university,  and  that  the  ex- 
ecutors of  the  estate  of  John  Sealy,  deceased,  should  agree 
to  construct  on  said  block,  at  a  cost  of  not  less  than  $50,000, 
a  medical  hospital,  to  be  donated,  on  completion,  to  the 
medical  branch  of  the  University  of  Texas,  and  to  be  under 
the  control  of  the  board  of  regents  of  said  university ;  and, 

372 


Appendix.  Chap.  LXXVIII. 

Whereas,  it  is  considered  that  the  city  of  Galveston  ought, 
in  consideration  of  the  said  appropriation  made  by  the  State, 
conform  on  its  part  to  the  provision  and  condition  therein 
named  to  be  by  it  assented  to  and  performed,  in  order  to 
secure  the  immediate  establishment  and  organization  of  said 
medical  branch  at  Galveston,  as  contemplated  by  said  act  of 
the  legislature ;  therefore. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Galveston :  That  block  66S,  in  said  city  of  Galveston,  be 
and  is  hereby  donated  to  the  University  of  the  State  of  Texas, 
to  be  used  for  the  medical  branch  of  said  university. 

[Approved  June  18,  1SS8. 

CHAPTER  LXXVni. 

GRANTING  TO  THE  GALVESTON  JETTY  RAILWAY  COMPANY  THE  RIGHT  OF  WAY 
OVER  CERTAIN  STREETS  IN  THE  CITY  OF  GALVESTON. 

Section  1.  That  there  is  hereby  granted  to  the  Galveston 
Jetty  Railway  Company  the  right  to  construct,  maintain  and 
operate  a  steam  railway,  with  the  necessary  tracks,  switches 
and  turn-outs  in  the  city  of  Galveston,  to-wit :  Upon  and 
along  Avenue  A,  from  Tenth  street  to  the  eastern  limit  of 
the  city;  and  from  a  point  on  Avenue  A  at  Fourth  street  along 
and  across  all  streets  and  avenues  to  the  east  end  of  Gal- 
veston island  at  or  near  the  quarantine  station ;  and  thence 
along  and  over  the  jetties  to  deep  water  in  the  Gulf  of  Mexico. 

Sec  3.  The  grant  herein  made  shall  extend  only  to  so 
much  of  the  streets  and  alleys  as  the  city  of  Galveston  has 
the  right  to  grant  to  railroads  under  the  laws  of  the  State. 

Sec  3.  The  grant  herein  made  shall  not  include  any  right 
to  enter  upon  any  private  property  without  the  consent  of 
the  owner  thereof,  or  a  legal  condemnation  of  the  same  in 
accordance  with  the  laws  of  the  State. 

Sec  4.  The  rights,  duties  and  obligations  of  said  railroad 
company  over  the  right  of  way  herein  granted  shall  be  gov- 
erned by  the  general  laws  of  the  State,  when  not  otherwise 
provided  by  the  ordinances  of  the  city. 

Sec  5.  Th«  right  to  regulate  the  grade  of  said  tracks  and 
crossings  over  the  same  at  streets  and  alleys,  for  sanitary, 
police  or  other  municipal  or  economical  purposes,  over  the 
2&-  373 


Chap.  LXXIX.  Appendix. 

right  of  way  herein  granted,  is  especially  reserved  to  the  city 
of  Galveston ;  and  in  constructing  and  maintaining  said  tracks, 
said  company  shall,  as  far  as  practicable,  restore  the  streets 
to  the  condition  in  which  they  now  are,  and  shall  at  all  in- 
tersections of  streets,  where  the  streets  are  now  filled  or 
may  be  hereafter  filled,  erect  and  maintain  suitable  and  suf- 
ficient crossings  over  said  tracks. 

Sec.  6.  That  said  railway  company  undertakes  to  hold  the 
city  of  Galveston  harmless,  and  indemnify  it  against  all  suits, 
costs  expenses  and  damages  that  may  arise  out  of  this  grant 
or  by  reason  of  its  occupation  and  use  of  the  right  of  way 
herein  granted. 

Sec.  7.  That  said  railway  company  shall  permit  switches 
and  connections  to  be  made  with  their  railway  tracks  by  all 
wharf  owners  or  operators  upon  the  same  or  equal  terms, 
without  discrimination. 

Sec.  8.  That  the  said  railway  company  shall  commence 
their  railway  tracks  along  Avenue  A  within  one  year,  and 
complete  the  same  as  soon  thereafter -as  practicable,  unless 
prevented  by  suit  or  process  of  law,  in  which  latter  event 
the  delay  occasioned  shall  not  be  estimated  or  counted  against 
said  company. 

[Approved  June  4,  1888. 


CHAPTER   LXXIX. 

GRANT  TO  GEO.   ANDERSON  OF  R.   P.   SARGEANT  &  CO- 

Section  1.  That  Geo.  Anderson,  of  R.  P.  Sergeant  &  Co., 
is  hereby  granted  the  right  to  construct  a  side-track  from 
some  point  on  Mechanic  street  between  Thirty-third  and 
Thirty-fourth  streets,  on  main  line  of  the  Gulf,  Colorado  & 
Santa  Fe  railway  on  Mechanic  street,  along  Mechanic  street 
and  across  Thirty-third  street  so  as  to  intersect  west  line  of 
block  No.  572;  and  from  east  line  of  block  573  across  Thirty- 
second  street  so  as  to  intersect  west  line  of  block  571.  Also 
from  main  line  of  Missouri  Pacific  track  across  Thirty-third 
street  so  as  to  intersect  west  line  of  block  573 ;  and  from  east 
line  of  block  573  across  Thirty-second  street  so  as  to  inter- 
sect west  line  of  block  571 ;  and  to  maintain  same  and  run 

'  374 


Appendix.  Chap.  LXXX. 

railway  cars  thereon,  and  subject  to  all  ordinances  governing 
railroads  in  the  cit}^  of  Galveston. 

Sec.  2.  The  sidetrack  herein  provided  for  shall  be  con- 
structed under  the  supervision  of  the  city  engineer,  who  shall 
cause  the  same  to  be  done  so  as  not  to  obstruct  in  any  man- 
ner the  streets,  sidewalks  and  gutters.  The  city  reserves  the 
right  to  remove  said  sidetracks  and  restore  the  streets  and 
sidewalks  at  any  time  at  the  expense  of  the  owner  of  the 
same. 

[Approved  March  20,  1888. 


CHAPTER  LXXX. 

GRANT  TO  THE  GALVESTON  CITY  RAILROAD    COMPANY    AND  GULF  CITY  RAIL- 
WAY AND  REAL  ESTATE  COMPANY. 

Authorizing  the  Galveston  City  Railroad  Company  and  the 
Gulf  City  Railway  and  Real  Estate  Company  to  Operate 
Their  Lines  of  Railway  by  Electric  Power,  and  to  Occupy 
and  use  Certain  Streets,  and  Describing  the  Conditions 
Thereof. 

Section  1.  The  Galveston  City  Railroad  and  the  Gulf  City 
Railway  and  Real  Estate  Company  are  hereby  authorized  to 
operate  their  lines  of  railway  or  any  part  thereof  by  electricity, 
and  are  hereby  authorized  to  erect,  a  system  of  overhead  wires 
for  the  purpose  of  conducting  the  electric  current  to  operate 
motors  and  to  propel  cars  from  such  electric  current  generat- 
ing stations  as  may  be  required,  and  are  authorized  and  em- 
powered to  use  the  rails  and  earth  for  the  return  circuit,  or 
may  use  a  metallic  return  circuit  for  that  purpose.  Said  com- 
panies may  from  time  to  time  make  all  needful  changes  in 
the  construction  of  its  roads,  including  curves,  turnouts, 
switches,  connections  with  its  car  sheds  and  power  houses, 
and  erection  of  posts  or  poles.  Said  posts  or  poles  shall  be 
of  a  design  to  be  approved  by  the  committee  on  streets  and 
alleys,  and  placed  along  the  curbs  of  the  streets  or  in  the 
center  of  the  streets  as  the  committee  on  streets  and  alleys 
may  determine,  to  carry  overhead  wires,  or  whatever  else 
may  be  necessary,  requisite  and  convenient  to  carry  said 
power   into   practical    effect    upon    or   along   the    streets   and 

375 


Chap.  LXXX.  Appendix. 

alleys  where  said  lines  are  now  constructed  or  may  hereafter 
be  authorized  to  be  constructed  under  existing  ordinances, 
including  this  ordinance. 

Sec.  2.  Recognizing  that  there  is  an  element  of  danger 
in  the  use  of  electricity  as  a  motor,  the  city  enjoins  upon 
the  railroad  companies,  and  each  of  them,  that  they  will  use 
the  utmost  vigilance  to  prevent  accidents  to  life  and  property ; 
they  will  keep  their  system  of  overhead  wires  in  perfect  order, 
and  set  the  poles  firmly  in  the  ground,  under  the  supervision 
of  the  city  engineer. 

Sec.  3.  The  city  reserves  the  right  of  calling  the  attention 
of  the  railroad  companies,  or  either  of  them,  to  any  defect 
in  their  poles  or  wires  that  may  threaten  danger,  and  the 
railroad  company  shall  remedy  same  within  three  hours  after 
said  notice ;  otherwise  the  city  shall  move  or  repair  said  poles 
or  wires  at  the  cost  of  said  company. 

Sec.  4.  This  ordmance  shall  be  subject  to  such  changes 
and  restrictions  as  may  be  embodied  in  future  ordinances, 
providing  against  the  danger,  and  insuring  the  safety  of  elec- 
tricity as  a  motor. 

Sec.  5.  It  is  especially  enjoined  by  the  city  of  Galveston 
that  the  railroad  companies  shall  not,  either  in  the  construc- 
tion or  operation  of  their  electric  system,  interfere  in  any 
way  with  tli«  lines  of  the  city's  electric  light  or  fire  alarm 
telegraph. 

Sec,  6.  That  the  said  railway  companies,  and  each  of  them, 
shall  at  all  times  hold  harmless  and  indemnify  the  city  of 
Galveston  against  all  suits,  damages,  costs  and  expenses  that 
may  arise  or  grow  out  of  the  exercise  by  the  said  companies 
of  the  privileges  herein  and  hereb}'  conferred. 

Passed  under  a  suspension  of  the  rules  at  regular  meeting 
held  Monday,  September  1,   1890. 

Approved  September  2,  1890. 

R.   L.  FULTON, 
Attest :  ]\Iavor. 

DANIEL  J.  BUCKLEY,  City  Clerk. 


376 


Appendix.  Chap.  LXXXI. 

CHAPTER   LXXXI. 

GULF,   COLORADO  &  SANTA  FE  RAILWAY  COMPANY. 

Section  1.  That  section  4  of  an  ordinance  passed  August 
ITth,  1885,  entitled,  "Grant  to  the  Gulf,  Colorado  and  Santa 
Fe  Railway  Company,"  the  same  being  printed  as  chapter 
45  of  the  Revised  Ordinances,  printed  by  the  city  of  Galves- 
ton in  1893,  pages  36-i  and  365  thereof,  be  and  the  same  is 
hereby  repealed ;  and  the  grant  to  the  said  Gulf,  Colorado 
and  Santa  Fe  Railwa}^  Company  made  in  the  said  ordinance 
is  hereby  confirmed  free  from  the  condition  mentioned  in 
said  section  4,  which  is  repealed;  that  section  3  of  an  ordi- 
nance approved  February  7th,  1891,  entitled,  "Grant  to  the 
Gulf,  Colorado  and  Santa  Fe  Railway  Company,"  same  being 
printed  as  chapter  48,  Revised  Ordinances  of  the  said  city, 
published  in  1893,  be  and  the  same  is  hereby  repealed- 

Sec.  2.  The  right  is  hereby  granted  to  the  Gulf,  Colorado 
and  Santa  Fe  Railway  Company  to  extend  two  sidetracks— 
which  it  is  now  entitled  to  construct  and  maintain  on  Strand 
under  and  by  virtue  of  sections  1  and  2  of  the  said  ordinance 
approved  August  17th,  1885,  referred  to  in  section  1  Iiereof — 
commencing  from  its  present  track  on  Strand  street,  betv.'een 
Twenty-seventh  and  Twenty-ninth  streets,  at  any  points  be- 
tween said  streets,  to  and  across  Twenty-seventh  street  to 
block  686,  and  to  consruct  and  forever  maintain  the  same. 

Sec.  3.  The  right  is  hereby  granted  to  the  Gulf,  Colorado 
and  Santa  Fe  Railway  Company  to  take  possession  of,  and 
exclusively  use  and  enjoy,  so  much  of  Twenty-sixth  street  as 
lies  between  the  south  line  of  blocks  Nos.  686  and  685  on 
Strand,  and  the  south  line  of  the  alley  dividing  the  said  blocks, 
and  to  construct  and  maintain  all  railroad  tracks,  passenger 
sheds,  and  other  structures  or  improvements  necessary  for  the 
convenient  use  of  the  said  blocks  686  and  685,  for  the  purpose 
of  a  passenger  depot ;  said  part  of  said  Twenty-sixth  street 
being  hereby  closed  to  public  use  and  set  apart  exclusively 
for  th-e  use  of  the  said  railway  company  for  the  purpose  of 
a  passenger  depot,  and  the  necessary  tracks  and  appurten- 
ances thereto. 

Sec.  4.  If  the  Gulf,  Colorado  and  Santa  Fe  Railway  Com- 
pany  shall   fail,   within   eighteen   months    from    the    passage 

377 


Chap.  LXXXI.  Appendix. 

hereof,  to  construct  a  passenger  depot  with  the  necessary  pas- 
senger tracks  and  sheds,  the  same  to  cost  not  less  than  the 
sum  of  $50,000,  or  if  the  said  railway  company  shall  there- 
after abandon  the  use  of  the  said  property  for  the  purposes 
of  a  passenger  depot  then  the  rights  granted  to  the  said  rail- 
way company  shall  cease  and  determine. 

Sec.  5.  The  said  Gulf,  Colorado  and  Santa  Fe  Railway 
Company  may  transfer  and  assign  to  any  corporation,  which 
may  hereafter  be  formed,  for  the  purpose  of  constructing  or 
owning  and  operating  a  union  passenger  depot,  on  any  part 
of  the  said  blocks  Nos.  686  and  685,  all  of  the  rights  herein 
granted  to  the  said  Gulf,  Colorado  and  Santa  Fe  Railwa}^ 
Company,  and  any  part  of  its  tracks  on  said  Strand  street, 
in  which  case  the  said  depot  company  shall  hold  the  said 
rights  subject  to  the  conditions  of  section  3  hereof. 

Sec.  6.  The  Gulf,  Colorado  and  Santa  Fe  Railway  Com- 
pany shall  permit  all  railway  companies,  to-wit,  the  Galveston. 
Houston  and  Henderson,  the  International  and  Great  Northern 
Railway,  the  Missouri,  Kansas  and  Texas,  and  the  Galveston. 
Houston  and  La  Porte  Railway,  now  entering  Galveston,  to 
use  said  depot  and  all  tracks  on  Strand  street,  from  Twenty- 
seventh  to  Thirty-seventh  streets,  on  reasonable  terms,  and 
shall  permit  the  same  to  be  used  on  such  terms  by  other  rail- 
ways hereafter  entering  Galveston ;  provided,  that  said  com- 
pany shall  not  be  required  to  allow  more  roads  to  use  said 
depot  than  the  south  half  of  said  blocks  will  conveniently  and 
reasonably  accommodate ;  this  proviso  not  to  exclude  any 
railway  company  specifically  named  herein. 

Sec.  7.  That  said  Gulf,  Colorado  and  Santa  Fe  Railway 
Company,  or  other  corporation  that  may  be  formed  for  the 
purpose  of  constructing  or  owning  said  union  passenger  depot, 
undertakes  to  hold  thx  city  of  Galveston  harmless,  and  in- 
demnify it  against  all  suits,  costs,  expenses  and  damages  that 
may  arise  or  grow  out  of  this  grant,  or  by  reason  of  its  oc- 
cupation and  use  of  the  right  of  way  and  franchise  herein 
granted,  and  undertakes  and  agrees  to,  and  does,  in  accept- 
ance thereof,  waive  all  claims  of  title  to  said  portion  of  the 
26th  street  hereby  closed,  by  reason  of  possession,  limitation 

or  otherwise.  [Approved  January  30,  1896. 

378 


Appendix.  Chap.  LXXXII. 

CHAPTER  LXXXII. 

GULF,   COLORADO  AND   SANTA   FL  RAILWAY   COMPANY. 

Section  i.  That  section  6  of  the  ordinance  passed  January 
30,  1896,  entitled,  "An  ordinance  repeaUng  section  4  of  the  or- 
dinance passed  August  17th,  1885,  entitled,  Grant  to  the  Gulf, 
Colorado  and  Santa  Fe  Railway  company,  the  same  being  printed 
as  chapter  45,  Revised  Ordinances,  published  by  the  city  in  1893  ; 
and  repealing  section  3  of  the  ordinance  of  February  7th,  1891, 
entitled.  Grant  to  the  Gulf,  Colorado  and  Santa  Fe  Railway  com- 
pany, the  same  being  printed  as  chapter  48  of  the  Revised  Or- 
dinances, published  by  the  city  in  1893,  ^^^^  granting  to  the  Gulf, 
Colorado  and  Santa  Fe  Railway  company  the  right  to  extend 
two  sidetracks  from  its  present  track  on  Strand  street,  across 
Twenty-seventh  street  to  block  686,  and  granting  to  the  said 
company  the  exclusive  use  of  a  part  of  Twenty-sixth  street," 
be  and  the  same  is  hereby  amended,  so  that  the  same  shall 
hereafter  read  as  follows  : 

Sec.  6.  The  Gulf,  Colorado  and  Santa  F'e  Railway  company 
shall  permit  the  Galveston,  Houston  and  Henderson  Railroad 
company,  the  International  and  Great  Northern  Railroad  com- 
pany, the  ]Missouri,  Kansas  and  Texas  Railway  company  of  Tex- 
as, and  the  Galveston,  La  Porte  and  Houston  Railway  company, 
and  all  railway  companies  hereafter  entering  Galveston,  to  use 
the  said  depot  and  all  tracks  on  Strand  street,  from  Twenty- 
seventh  street  to  Thirty-seventh  street,  and  into  said  depot,  for 
the  purpose  only  of  running  their  passenger  trains  to  and  from 
said  depot,  on  reasonable  terms ;  provided,  that  the  said  Gulf, 
Colorado  and  Santa  Fe  Railway  company  shall  not  be  required 
to  allow  more  roads  to  use  said  depot  than  the  south  half  of  said 
blocks  will  conveniently  and  reasonably  accommodate ;  this  pro- 
viso not  to  exclude  any  railway  company  specifically  named  herein. 

Sfc.  2.  That  the  said  ordinance,  and  each  and  every  section 
thereof,  passed  January  30th,  1896 — section  six  (6)  whereof  is 
amended  by  this  ordinance — shall  be  void  and  of  no  effect  unless 
said  union  depot  is  ready  for  occupancy  and  use  within  eighteen 
(18)  months  from  date  hereof. 

Passed  under  suspension  of  the  rules  at  regular  meeting  of  the 
council,  February  17th,  1896. 

379 


Chaps.  LXXXIII-LXXXIV.     Appendix. 
CHAPTER  LXXXIII. 

GRANT  TO  Till;  GLL1\,  COLORADO  AND  SANTA  FE  RAILWAY  COMPANY. 

Article  — .  That  the  Gulf,  Colorado  and  Santa  Fe  Railway 
company  is  hereby  authorized  to  construct,  operate  and  maintain 
an  oil  tank  with  a  capacity  of  about  one  mniion  "gallons,  on  block 
No.  five  hundred  eighty-three  (583),  in  the  city  of  Galveston; 
said  tank  to  be  constructed  of  steel,  iron  or  other  metal ;  provided, 
that  there  shall  be  constructed  around  said  block  a  reservoir  of 
greater  capacity  than  said  oil  tank,  so  that  in  the  event  that  said 
oil  tank  may  burst,  or  any  other  accident  may  happen  to  same, 
that  the  oil  that  may  be  contained  therein  will  be  caught  and 
held  in  such  reservoir;  and  provided  further,  that  the  said  em- 
bankment or  dike  of  said  reservoir  may  occupy  twenty-seven 
feet  of  the  sidewalk  and  street  around  said  block,  and  that  the 
said  reservoir  shall  be  constructed  on  plans  to  be  approved  by 
the  city  engineer. 

Art.  — .  Said  railway  company  is  hereljy  granted  authority 
to  construct,  operate  and  maintain  an  oil  tank,  with  a  capacity 
of  about  twenty  thousand  (20,000)  gallons,  on  block  640,  in  the 
city  of  Galveston. 

[Approved  August  19,  1901. 

CHAPTER  LXXXIV. 

GRANT    TO    GALVESTON    CTTV    RAILROAD    COMPANY. 

Section  i.  There  is  hereby  granted  to  the  Galveston  City 
Railroad  company  the  right  to  set  poles,  pin-abutments,  wires 
and  other  necessary  fixtures,  along  the  streets  and  alleys  of  the 
city  of  Galveston,  for  the  purpose  of  furnishing  electric  light 
and  power,  subject  to  the  regulations  hereinafter  provided. 

Sec.  2.  The  poles,  pin-abutments,  wires  and  other  necessary 
fixtures  shall  be  so  set,  constructed  and  operated  as  not  to  ob- 
struct or  interfere  with  the  convenient  use  of  the  streets  by  vehi- 
cles or  persons  on  foot. 

Sec.  3.  The  wires  shtill  be  strung  so  as  not  to  interfere  with 
any  of  the  city  fire  alarm  or  city  electric  light  wires. 

Sec  4.  The  right  is  hereby  reserved  to  the  city  at  any  time 
to  direct  any  alteration  in  the  location  of  the  poles,  or  in  the 
height  at  which  the  wires  shall  be  run. 

380 


Appendix.  Chap.  LXXXIV. 

Sec.  5.  The  said  company  shall,  at  all  times,  have  on  deposit 
with  the  city  treasurer  a  sum  not  less  than  fifty  dollars,  subject 
to  the  order  of  the  city  engineer,  to  he  used  by  him  in  restoring 
any  sidewalk,  gutter,  street  or  alley  pavement  displaced  or  in- 
jured in  the  setting  or  removal  of  any  pole  set  or  removed  bv 
said  company  or  for  the  changing  of  the  location  of  any  of  the 
poles  of  said  company  whenever  said  company  fails  or  refuses  to 
make  said  alteration  to  the  satisfaction  of  the  city  council. 

Sec.  6.  The  said  company  shall,  at  all  times,  permit  the  city 
to  use  and  occupy  the  top  cross-arm  of  any  pole  erected  or  to  be 
erected  for  fire,  police  or  municipal  telegraph  or  telephone  pur- 
poses free  of  charge. 

Sec.  7.  The  said  company  shall  become  solel}'  responsible  and 
hold  the  city  harmless  against  all  damages  growing  out  of  the 
use  of  its  streets  and  sidewalks  under  the  provisions  of  this  or- 
dinance. 

Sec.  8.  This  grant  of  license  is  made  suliject  to  the  charter 
and  ordinances  of  the  city  of  Galveston,  as  the  same  now  are  or 
may  hereafter  be. 

Sec.  9.  That  a  consolidation,  combination  or  joining  with  or 
uniting  with  any  other  company  or  corporation  by  the  Galveston 
City  Railroad  company  shall  of  itself  forfeit  the  rights  and 
privileges  hereby  granted. 

Sec.  10.  That  the  rights,  privileges  and  licenses  hereby  grant- 
ed shall  not  be  transferred  or  assigned  without  the  consent  of  the 
city  council  of  the  city  of  Galveston,  and  such  transfer  or  assign- 
ment without  such  consent  shall  of  itself  forfeit  the  rights,  priv- 
ileges and  licenses  hereby  granted. 

Sec.  II.  That  whenever  the  charges  fixed  by  said  company 
for  lights  shall  become  unreasonable,  or  beyond  what  such  lights 
can  reasonably  be  supplied,  then  the  city  council  reserves  the  right 
to  fix  a  maximum  rate  to  be  charged  by  said  company  either  for 
light  furnished  to  the  city  or  to  private  consumers. 

Sec.  12.  That  the  said  rights,  privileges  and  franchises  are 
hereby  granted  for  the  term  of  twenty-five  years  from  the  pas- 
sage of  this  ordinance,  upon  condition  that  the  said  company 
signifies  its  acceptance  in  wTiting.  to  be  filed  with  the  city  clerk. 


381 


Chaps.  LXXXV-LXXXVI.    Appendix. 

of  all  of  the  terms  and  all  of  the  provisions  of  this  ordinance, 
within  thirty  days  after  its  passage. 

Passed  under  suspension  of  the  rules  at  a  regular  meeting, 
February  21,  1895. 

CHAPTER  LXXXV. 

GRANTING  FRANCHISE  TO  GALVESTON   CITY  RAILROAD  COMPANY. 

Section  i.  That  the  right,  privilege  and  franchise  of  con- 
structing and  operating  a  single  track  of  street  railway  in  the 
center  of  Avenue  G,  from  a  connection  with  its  present  track  in 
Avenue  G,  near  the  east  side  of  Fortieth  street,  -to  Forty-first 
street,  and  there  curving  to  the  south  and  joining  with  its  present 
track  on  said  Forty-first  street,  is  hereby  granted  to  the  Galveston 
City  Railroad  company. 

Sec  2.  That  this  gram  is  made  subject  to  all  the  provisions 
of  the  ordinance  passed  by  this  council  on  Monday,  September 
1st,  1890,  and  approved  on  September  2d,  1890. 

Sec.  3.     This  grant  is  made  for  the  term  of  thirty  (30)  years. 

Read  the  first  time  at  a  regular  meeting,  held  August  21,  1899. 

Read  the  second  time  and  passed,  under  a  suspension  of  the 
rules,  same  day,  August  21,  1899. 

[Approved  August  25,  1899. 

CHAPTER  LXXX\'I. 

GRANT  To  THE  GALVESTON   CITY   RAILWAY   COMPANY. 

Section  i.  Be  it  ordained  by  the  city  council  of  the  city  of 
Galveston,  That  the  right  is  hereby  granted  the  Galveston  City 
Railway  company,  its  successors  and  assigns,  to  construct  and 
maintain  a  pipe  line  on  Twentieth  street,  from  Avenue  I  to  the 
northern  terminus  of  said  Twentieth  street,  on  the  bay,  for  the 
purpose  of  carrying  or  transporting  oil  from  the  power  house  of 
said  company,  to  be  located  on  the  south  half  of  block  two  hun- 
dred and  sixty.  Said  pipe  line  shall  be  laid  at  least  two  and  a 
half  feet  below  the  crest  of  the  street,  and  the  said  Galveston  City 
Railway  company  shall  restore  the  street  to  the  same  condition  as 
it  may  be  in  just  before  the  construction  of  its  pipe  line.  All 
work  herein  specified  shall  be  done  under  the  supervision  of  the 
chief  engineer. 

382 


Appendix.     Chaps.  LXXXVII-LXXXYIII. 

Sec.  2.  Permission  is  hereby  granted  to  the  Galveston  City 
Railway  company,  first  securing  the  right  to  do  so  from  the 
Galveston  Wharf  company,  to  construct  and  maintain  at  any 
point  on  Twentieth  street,  north  of  Avenue  A,  an  oil  tank  for 
the  reception  and  storage  of  oil,  and  permission  is  hereby  granted 
to  said  company  to  construct  and  maintain  on  its  property,  same 
being  the  said  south  half  of  block  two  hundred  and  sixty,  an 
oil  tank  for  the  storage  of  oil. 

[Approved  August  21,  1901. 

CHAPTER  LXXXVII. 

GRANT  TO  THE  GALVESTON   CITY  RAILWAY   COMPANY. 

Section  i.  Be  it  ordained  by  the  city  council  of  the  city  of 
Galveston,  That  the  right  be  and  is  hereby  granted  to  the  Gal- 
veston City  Railway  company  to  lay  and  forever  maintain  a  pipe 
line  from  a  point  of  connection  with  its  present  pipe  line  in  Win- 
nie street,  and  thence  along  Twentieth  street  to  the  northern 
end  of  Twentieth  street,  to  pier  20.  Said  pipe  line  shall  be  laid 
two  and  one-half  feet  under  the  crest  of  the  street. 

Sec.  2.  Within  six  months  from  the  passage  of  this  ordinance 
the  said  Galveston  City  Railway  company  shall  remove  its  pres- 
ent pipe  line  on  Winnie  street,  between  Nineteenth  and  Twen- 
tieth streets,  and  on  Nineteenth  street  to  the  bay,  and  on  its 
failure  so  to  do  this  ordinance  shall  become  void. 

vSec.  3.  The  work  of  laying  and  maintaining  said  new  pipe 
and  of  removing  the  pipe  required  to  be  removed  by  section  2, 
shall  be  done  under  the  direction  and  supervision  'and  to  the  sat- 
isfaction of  the  city  engineer,  and  the  said  Galveston  City  Rail- 
way company  shall  restore  the  streets  and  pavements,  if  any 
thereon,  to  as  good  condition  as  the  same  were  in  before  the 
commencement  of  the  work  herein  specified. 

[Approved  August  21,  1901. 

CHAPTER    LXXXVHI. 

GRANT  TO  CHARLES  F.    HOTCHKISS,  PURCHASER  OF  THE  GALVESTON 
CITY    RAILROAD    COMPANY. 

Section  i.  That  there  be  and  is  hereby  granted  to  Charles 
E.   Hotchkiss,  the  purchaser  of  the  railways,  rights,  privileges, 

383 


Chap.  LXXXVIII.  Appendix. 

franchises  and  other  property  of  the  Galveston  City  Railroad  com- 
pany, at  the  sale  thereof  under  decrees  of  the  Circuit  Court  of  the 
United  States  for  the  Eastern  district  of  Texas,  at  Galveston, 
in  equity  cause  No.  337.  and  purchaser  of  the  railways,  rights, 
privileges,  franchises  and  other  property  of  the  Gulf  City  Street 
Railway  and  Real  Estate  company  at  the  sale  thereof,  under 
decrees  of  said  court  in  equity  cause  Xo.  338,  and  to  his  assigns, 
and  to  any  corporation  that  may  be  organized  under  the  laws  of 
the  State  of  Texas  by  him  or  by  his  associates  or  assigns  for  that 
purpose,  and  its  successors  or  assigns,  the  right,  privilege  and 
franchise  of  acquiring,  owning,  repairing,  maintaining  and  oper- 
ating the  street  railways,  with  the  rights,  privileges,  franchises 
and  other  property  appertaining  thereto,  heretofore  owned  and 
operated  by  the  Galveston  City  Railroad  company  and  by  the 
Gulf  City  Railway  and  Real  Estate  company,  or  either  of  them, 
on,  across  and  along  the  following  streets  and  avenues  in  the 
city  of  Galveston,  Texas,  and  as  follows,  to-wit : 

On  Avenue  C  or  Mechanic  street  a  double  track,  extending 
from  Twenty-first  street  to  Twenty-fifth  street,  with  a  double 
track  connecting  curve  from  south  to  west  at  Twenty-first  street, 
from  east  to  south  at  Twenty-second  street,  and  from  east  to 
south  at  Twenty-fifth  street. 

On  Avenue  D  or  [Market  street,  a  single  track  extending 
from  about  midway  between  Seventh  and  Eighth  streets  west- 
wardly  to  Tenth  street ;  thence  a  d()ul)le  track  westwardly  to 
Thirty-third  street  with  two  single  track  connecting  curves,  one 
from  east  to  south,  and  one  from  w^est  to  south,  at  Twenty-first 
street,  and  a  double  track  connecting  curve  from  east  to  south  at 
Thirty-third  street. 

On  Avenue  E  or  Postoffice  street,  a  single  track  from  Twenty- 
first  street  to  Twenty-ninth  street,  with  a  single  track  connecting 
curve  from  south  to  west  at  Twerrty-first  street,  from  north  to 
east  at  Twenty-fifth  street  and  from  east  to  south  at  Twenty- 
ninth  street. 

On  Avenue  F  or  Church  street,  a  single  track,  extending 
from  Twenty-second  street  westwardly  to  Forty-first  street,  with 
a  single  track  connecting  curve  from  north  to  west  at  Twenty- 
second  street,  from  east  to  south  at  Twentv-seventh  street  and 


384 


Appendix.  Chap,  LXXXVIII. 

from  east  to  south  at  Forty-first  street ;  also  two  single  track  con- 
necting curves  at  Thirty-third  street,  one  from  east  to  south,  the 
other  from  north  to  west. 

On  Avenue  G  or  Winnie  street,  a  single  track,  extending 
from  Twenty-second  westwardly  to  Forty-first  street,  with  a  sin- 
gle track  connecting  curve  from  north  to  west  at  Twenty-second 
street,  from  east  to  south  at  Twenty-seventh  street,  one  from 
north  to  west  and  one  from  east  to  south  at  Thirty-third  street, 
and  one  from  east  to  south  at  Fortieth  and  Forty-first  streets ; 
also  on  Avenue  G  a  single  track  from  Eighth  street  westwardly 
to  Twenty-second  street,  with  a  single  track  connecting  curve 
from  south  to  west  at  Eighth  street  and  from  east  to  north  at 
Twenty-first  street. 

On  Avenue  H,  a  single  track  extending  from  Eighth  street 
westwardly  to  Twenty-second  street,  with  a  single  track  con- 
necting curve  from  north  to  west  at  Eighth  street  and  from  east 
to  north  and  from  east  to  south  at  Twenty-first  street,  and  from 
east  to  north  at  Twenty-second  street. 

On  Avenue  J  or  Broadway,  a  double  track  from  Sixth  street 
westwardly  to  Fortieth  street  and  a  single  track  from  Fortieth 
street  to  Forty-first  street,  with  two  double  track  connecting 
curves,  one  from  north  to  east  and  one  from  north  to  west  at 
Twenty-first  street ;  a  single  track  connecting  curve  from:  west 
to  north  at  Twenty-second  street  and  from  east  to  south  at 
Twenty-ninth  street,  one  double  track  connecting  curve  from  east 
to  south,  one  single  track  connecting  curve  from  north  to  west 
and  one  from  west  to  south  at  Fortieth  street,  and  one  single 
track  connecting  curve  from  north  to  east  at  Forty-first  street. 

On  Avenue  L  a  single  track  from  Eighth  street  westwardly 
to  Twenty-second  street  with  a  single  track  connecting  curve 
from  east  to  north  at  Twenty-first  street  and  at  Twenty-second 
street ;  also  on  Avenue  L  from  Twenty-second  street  to  Forty- 
first  street  with  a  single  track  connecting  curve  from  north  to 
west  at  Twenty-second  street,  one  from  east  to  north  and  one 
from  north  to  west  at  Fortieth  street,  and  one  from  east  to  south 
at  Forty-first  street. 

On  Avenue  M  a  single  track  from  Twenty-ninth  street  to 
Thirty-first   street    with   a    single   track   connecting   curve   from 

385 


Chap.  LXXXYIII.  Appendix. 

north  to  west  at  Twenty-ninth  street  and  from  east  to  south  at 
Thirty-first  street. 

On  Avenue  O  a  single  track  from  Twenty-ninth  street  west- 
wardly  to  Thirty-seventh  street,  with  a  single  track  connecting 
curve  from  north  to  west  at  Twenty-ninth  street  and  Thirty-first 
street  and  from  east  to  south  at  Thirty-seventh  street. 

On  Avenue  O  a  double  track  from  Twenty-first  street  west- 
wardly  to  Twenty-seventh  street,  with  double  track  connecting 
curves  from  north  to  west  at  Twenty-first  street,  from  east  to 
north  and  west  to  north  at  Twenty-fifth  street,  and  from  east 
to  north  and  from  west  to  north  at  Twenty-seventh  street,  and 
also  a  single  track  on  Avenue  Q  from  Twenty-seventh  street 
westwardly  to  Thirty-third  street,  with  a  double  track  connecting 
curve  from  north  to  west  at  Twenty-seventh  street  and  a  single 
track  connecting  curve  from  east  to  north  at  Thirty-third  street ; 
also  on  Avenue  O  a  single  track  from  Fortieth  street  to  Forty- 
first  street,  with  one  single  track  connecting  curve  from  north  to 
west  at  Fortieth  street,  and  two  single  track  connecting  curve.s, 
one  from  east  to  south  and  one  from  east  to  north  at  Forty-first 
street. 

On  Avenue  R  a  double  track  extending  from  Forty-first  street 
to  Fifty-third  street,  with  a  double  track  connecting  curve  from 
north  to  west  at  Forty-first  street  and  from  east  to  south  at  Fifty- 
third  street. 

On  Avenue  T^^  a  single  track  from  Fifty-third  street  to  Fifty- 
sixth  street,  with  a  single  track  connecting  curve  from  north  to 
west  at  Fifty-third  street  and  from  east  to  south  at  Fifty-sixth 
street. 

On  Avenue  \'3^  a  single  track  from  Fifty-third  street  to  Fifty- 
sixth  street,  with  a  single  track  connecting  curve  from  north  to 
west  at  Fifty-third  street  and  from  east  to  north  at  Fifty-sixth 
street. 

On  Twenty-first  street  a  single  track  from  the  south  side  of 
Avenue  B  for  one-half  block,  then  a  double  track  southwardly  to 
Avenue  0,  there  connecting  with  the  double  track  on  Avenue  O 
w  ith  a  single  track  connecting  curve  from  north  to  east  and  from 
south  to  east  at  Avenue  G;  single  track  connecting  curves,  one 
from  east  to  south  and  one  from  west  to  south  at  Avenue  D,  one 

386 


Appendix.  Chap.  LXXXTni. 

from  north  to  east  and  one  from  south  to  east  at  Avenue  H.  and 
with  barn  curves  between  Avenue  H  and  Avenue  I ;  two  double 
track  connecting  curves  from  north  to  east  and  from  north  to 
west  at  Avenue  J  and  a  single  track  connecting  cur^^e  from  north 
to  east  at  Avenue  L  and  double  track  connecting  curves  from 
north  to  west  at  Avenue  O. 

On  Twenty-second  street  a  single  track  from  the  south  side 
of  Avenue  B  southwardly  one-half  block,  then  a  double  track 
southwardly  to  Avenue  L  with  a  double  track  connecting  curA-e 
from  east  to  south  at  Avenue  C.  a  single  track  connecting  curve 
from  west  to  south  at  Avenue  C,  a  single  track  connecting  curve 
from  north  to  west  at  Avenue  F  and  at  Avenue  G  and  from 
north  to  east  at  Avenue  H,  and  from  north  to  west  at  Avenue 
J.  and  two  single  track  connecting  curves  at  Avenue  L.  one  from 
north  to  west  and  one  from  north  to  east. 

On  Twenty-fifth  street  a  double  track  from  Avenue  C  south- 
wardly to  Avenue  Q,  with  a  double  track  connecting  cur\-e  from 
east  to  south  at  Avenue  C  and  from  north  to  east  and  north  to 
west  at  Avenue  O ;  also  a  single  track  connecting  curs'e  from 
north  to  east  at  Avenue  E. 

On  Twenty-seventh  street  a  single  track  extending  from  Ave- 
nue F  southwardly  to  Avenue  X ;  thence  a  double  track  to  Ave- 
nue Q.  with  a  single  track  connecting  cur^^e  from  east  to  south 
at  Avenue  F  and  at  Avenue  G;  also  a  double  track  connecting 
curve  from  west  to  south  and  from  north  to  east  at  Avenue  O. 

On  Twenty-ninth  street  a  single  track  from  Avenue  E  to  Ave- 
nue O.  with  a  single  track  connecting  curve  from  east  to  south 
at  Avenue  E  and  at  Avenue  T.  and  also  from  north  to  west  at 
Avenue  ]\I  and  at  Avenue  O. 

On  Thirty-first  street  a  single  track  from  Avenue  ]M  to  Ave- 
nue O,  with  a  single  track  connecting  curve  from  east  to  south 
at  Avenue  ]\I  and  from  north  to  west  at  Avenue  O. 

On  Thirty-third  street  a  double  track  from  Avenue  D  to  Ave- 
nue G ;  a  single  track  from  Avenue  G  to  Avenue  X^  ;  a  double 
track  from  Avenue  X^S  to  O ;  a  single  track  from  Avenue  O  to 
Avenue  O,  with  a  double  track  connecting  curve  from  east  to 
south  at  Avenue  D,  two  single  track  connecting  curves,  one  from 
north  to  west  and  one  from  east  to  south,  at  Avenue  F;  two 

387 


Chap.  LXXXVIII.  Appendix. 

single  track  connecting  curves,  one  from  north  to  west  and  one 
from  east  to  south,  at  Avenue  G,  and  a  single  track  connecting 
curve  from  north  to  east  at  Avenue  O. 

On  Thirty-seventh  street  a  single  track  from  Avenue  O  to 
Avenue  R,  with  a  single  track  connecting  curve  from  east  to 
south  at  Avenue  O. 

On  Fortieth  street  a  single  track  from  x\venue  G  to  Avenue 
J ;  thence  double  track  to  Avenue  L ;  thence  single  track  to  Ave- 
nue Q,  with  a  single  connecting  curve  from  east  to  south  at  Ave- 
nue G ;  a  single  track  connecting  curve  from  north  to  west  and 
from  west  to  south  and  a  double  track  connecting  curve  from 
east  to  south  at  Avenue  J  ;  two  single  track  connecting  curves, 
one  from  north  to  west  and  one  from  east  to  north,  at  Avenue  L ; 
Three  barn  and  one  yard  curve  between  Avenue  L  and  Avenue 
M  and  a  single  track  connecting  curve  from  north  to  west  at 
Avenue  O. 

On  Forty-first  street  a  single  track  from  Avenue  F'  to  Ave- 
nue J,  with  a  single  track  connecting  curve  from  east  to  south  at 
Avenue  F  and  from  north  to  east  at  Avenue  J ;  also  on  Forty- 
first  street  a  single  track  from  Avenue  L  to  Avenue  Q ;  thence  a 
double  track  from  Avenue  O  to  Avenue  R  with  a  single  track 
connecting  curve  from  cast  to  south  at  Avenue  L,  two  single 
track  connecting  curves,  one  from  north  to  east  and  one  from 
south  to  east,  at  Avenue  O,  and  a  doulile  track  connecting  curve 
from  north  to  west  at  Avenue  R. 

On  Fifty-third  street  a  double  track  from  Avenue  R  south- 
wardly to  Avenue  S  ;  thence  a  single  track  southwardly  to  Avenue 
V>^,  with  a  double  track  connecting  curve  from  east  to  south  at 
Avenue  R  and  a  single  track  connecting  curve  from  north  to  west 
at  Avenue  T  and  at  T>4. 

On  Fifty-sixth  street  a  single  track  from  Avenue  T^  south- 
wardly to  Avenue  Yy^,  with  a  single  track  connecting  curve 
from  east  to  south  at  Avenue  T^^  and  from  north  to  east  at  Ave- 
nue Yy.. 

Together  with  all  necessary  switches,  sidetracks,  turnout^, 
crossovers,  poles,  wires,  machinery,  sheds,  power  houses,  real  es- 
tate and  other  suitable  works  and  structures  in  connection  with 

.388 


Appendix.  Chap.  LXXXYIII. 

said  railways  and  with  the  right  to  own  and  operate  the  same  as 
an  entirety. 

Sec.  2.  That  the  grantees  herein  and  any  person  or  cor- 
poration hereafter  purchasing  or  owning  the  street  railways  de- 
scribed in  the  preceding  section,  be  and  they  are  hereby  author- 
ized and  empowered  to  use  electricity  as  a  motive  power  in  run- 
ning and  operating  cars  on  and  over  said  lines  of  railway  and  to 
supply  at  reasonable  prices  electric  light  and  power  to  the  inhab- 
itants and  to  the  city  of  Galveston,  and  to  that  end  shall  have 
the  right  and  are  hereby  authorized  to  set  and  maintain  poles, 
pins,  abutments,  wires  and  other  suitable  fixtures  on,  along  and 
across  any  of  the  streets  and  alleys  of  the  city  of  Galveston,  sub- 
ject to  the  following-  regulations,  to-wit : 

(a)  The  poles  used  as  herein  provided  shall  be  of  sound 
timber,  not  less  than  five  inches  in  diameter  at  the  upper  end, 
reasonably  straight  and  of  uniform  size.  All  poles  when  placed 
shall  be  thoroughly  painted  with  one  coat  of  mineral  paint  of 
such  colors  as  may  be  directed  by  the  city  or  those  designated 
by  it,  but  in  case  said  poles  are  creosoted,  then  the  same  need 
not  be  painted.  Said  trolley  wires  shall  be  run  at  a  height  of  not 
less  than  eighteen  feet  above  the  grade  of  the  street,  and  all  other 
wires  at  a  height  of  not  less  than  twenty  feet.  Whenever  the 
poles  are  erected  on  a  street  they  shall  be  placed,  in  all  cases 
when  practicable,  on  the  outer  edge  of  the  sidewalk,  just  inside 
the  curbstone,  and  on  the  line  dividing  the  lots  one  from  the 
other,  and  in  no  case  to  be  so  placed  as  to  obstruct  the  drainage 
of  the  street,  or  to  interfere  with  or  damage  in  any  way  the 
curbstone  or  other  public  or  private  property  on  the  line  of  the 
street  or  alley  where  such  poles  shall  be  erected.  x\ll  work  of 
excavating,  refilling  and  restoring  the  pavement  shall  be  done  at 
the  expense  of  the  owner  of  said  railways  under  the  supervision 
of  the  citv  engineer  and  to  his  entire  satisfaction,  and  in  all  cases 
the  pavement  shall  be  restored  as  soon  as  possible  and  to  the  same 
condition  as  it  was  before. 

(b)  The  right  is  hereby  reserved  to  the  city,  at  any  time, 
to  direct  any  alteration  in  the  location  of  poles  or  in  the  height 
at  which  the  wires  shall  be  run,  or  in  case  the  said  wires  and 
poles  shall  at  any  time  be  deemed  a  nuisance  or  obstruction  by 

2Q_  389 


Chap.  LXXXYIIT.  Appendix. 

the  city  council,  to  direct  and  compel  the  removal  and  change  of 
the  same  so  as  to  comply  with  the  terms  of  this  ordinance. 

(c)  The  owners  of  said  railways  shall  at  all  times  keep  on 
deposit  with  the  city  treasurer  the  sum  of  not  less  than  fifty 
dollars,  subject  to  the  order  of  the  city  engineer,  to  be  used  by 
him  in  restoring  any  sidewalk,  gutter,  street  or  pavement  dis- 
placed or  injured  in  the  erection,  alteration  or  removal  of  any 
such  poles  whenever  the  owner  fails  or  refuses  to  make  such 
restoration  to  the  satisfaction  of  the  committee  on  streets  and 
alleys  and  city  engineer. 

(d)  The  said  owner  stiall  at  all  times  permit  the  city  to  use 
and  occupy  the  crossarm  of  any  pole  erected,  or  to  be  erected, 
for  fire,  police  or  municipal  telegraph  or  telephone  purposes,  free 
of  charge  . 

(e)  That  said  owner  shall  become  solely  responsible  and  hold 
the  city  harmless  against  all  claims,  suits,  expenses  'and  damages 
growing  out  of  the  use  of  electricity  as  a  motive  and  lighting 
power,  and  the  use  of  the  streets,  alleys  and  sidewalks,  and  the 
placing  of  its  poles,  wires  and  equipments  and  the  use  of  all  or 
any  of  said  privileges  and  property  under  the  provisions  of  this 
ordinance. 

(f)  Whenever  the  chaiges  fixed  by  the  owner  of  said  prop- 
erties for  lights  shall  become  imreasonable,  or  beyond  what  such 
lights  can  reasonably  be  supplied  for,  then  the  city  council  re- 
serves the  right  to  fix  a  maximum  rate  to  be  charged  by  said 
company  either  for  light  furnished  to  the  city  or  to  private  con- 
sumers. 

(g)  Said  wires  and  poles  shall  be  constructed,  maintained 
and  operated  in  such  a  manner  as  to  interfere  in  no  way  with 
the  city's  fire  alarm  and  telegraph  and  electric  light  plants. 

Ch)  Said  grantees,  their  successors  and  assigns,  shall  not  con- 
solidate, or  in  any  manner  combine,  their  electric  light  and  power 
business,  rights,  franchises  or  property  with  those  of  any  other 
company. 

(i)  Whenever  said  city  shall. reqtiire  any  other  company  or 
person  owning  or  operating  wires  in  said  city  for  supplying  light 
or  power,  or  both,  to  place  the  wires  under  ground,  then  and 
thereafter  the  said  city  shall  have  the  right  to  require  the  grantee 

390 


Appendix.  Chap.  LXXXVIII. 

herein  and  his  successors  and  assigns  to  place  under  ground  all 
wires  used  only  for  the  purpose  of  supplying  light  and  power 
to  said  city  or  the  inhabitants  thereof,  and  to  pass  all  measures 
necessary  and  proper  to  that  end. 

Skc.  3.  The  grantees  named  and  their  successors  and  assigns 
shall  at  all  times  keep  the  roadbed  of  said  railway  in  good  repair 
and  upon  a  level  with  the  street,  and  when  a  street  is  raised  or 
lowered  the  owners  of  said  railways  shall  raise  or  lower  their 
track  and  roadbeds  to  conform  thereto;  and  whenever  the  city 
shall  hereafter  fill,  grade,  pave  or  otherwise  improve  any  of  the 
streets  or  avenues  occupied  by  any  of  said  tracks,  then  the  own- 
ers of  said  tracks  and  of  the  rights  hereby  granted  shall  pay  all 
expenses  of  filling,  grading,  paving  or  otherwise  changing,  im- 
proving and  maintaining  the  street  between  the  rails  of  their 
respective  tracks,  and  between  all  double  tracks  and  for  the  space 
of  one  foot  on  the  outside  of  the  rails ;  and  shall  also  construct 
and  keep  in  good  repair  all  cross  culverts,  whenever  the  same 
may  be  required  by  the  city,  under  their  tracks,  said  culverts  to 
extend  across  the  streets  from  sidewalk  to  sidewalk,  all  of  which 
work  shall  be  done  subject  to  the  approval  and  under  the  direc- 
tion of  the  city  council,  or  such  officer  or  committee  as  it  may 
designate ;  and  when  the  owners  or  operators  of  said  railways 
shall  fail  to  construct  and  keep  in  order  the  culverts,  tracks  and 
roadbeds,  as  required  by  this  ordinance,  the  city  shall  have  the 
right  to  cause  them  to  be  constructed  or  put  in  proper  condition 
and  repair  at  the  expense  of  said  owners  or  operators,  and  in 
the  event  of  their  refusal  to  pay  the  same  the  city  may  sue  for 
the  amount.  The  city  at  its  option  may  require  the  owners  or 
operators  of  said  railway  or  railways  to  make  the  changes,  im- 
provements and  repairs  and  do  the  work  hereinbefore  specified 
in  this  section,  or  the  city  itself  may  make,  or  cause  to  be  made, 
said  changes,  improvements  and  repairs,  and  may  do  or  cause 
to  be  done  any  or  all  of  the  work  specified  in  this  section,  and  the 
cost  thereof,  together  with  the  expense  of  collecting  the  same, 
shall  be  a  special  tax  and  lien"  against  the  roadbed,  ties,  rails, 
fixtures,  rights,  franchises  and  property  of  such  railways  or 
railway  companies,  and  they  shall  be  due  and  collected  by  the 
city  whenever  and  as  soon  as  such  improvements,  changes  and 

391 


Chap.  LXXXVIII.  Appendix. 

repairs,  or  other  work,  are  completed  and  accepted  by  the  city 
council,  it  being  the  purpose  hereof,  and  it  being  hereby  expressly 
ordained  that  the  said  railways  or  railway  companies  shall  in  all 
instances  either  make  all  said  changes,  repairs,  improvements 
and  work  at  their  own  cost  and  expense,  or,  should  the  city  so 
prefer,  it  may  do  or  cause  to  be  done  the  same  in  such  manner 
and  of  such  material  as  it  may  choose,  and  hold  said  railways  and 
railway  companies,  and  all  of  their  said  property,  liable  for  the 
same  with  a  valid  first  lien  hereby  conferred  to  and  agreed  to 
against  all  of  said  property  of  said  railways  or  railway  compa- 
nies, to  secure  all  costs  and,  expenses  incurred  by  said  city  in 
and  about  the  changes,  repairs  and  improvements  and  work  here- 
inbefore designated. 

Sec.  4.  That  the  rate  of  fare  shall  not  exceed  5  cents  for  each 
person  over  5  years  of  age  for  one  continuous  carriage  in  the 
same  direction  by  the  car,  or  for  the  entire  circuit  of  any  belt 
line  as  heretofore  or  hereafter  operated,  or  for  such  portion 
thereof  as  may  be  traveled  by  the  passenger ;  and  no  fare  shall  be 
charged  for  the  carriage  of  children  under  5  years  of  age,  unless 
they  occupy  seats  in  the  car. 

Sec.  5.  Members  of  the  police  force  and  fire  department  of 
the  city  of  Galveston,  while  in  active  service,  shall  not  be  re- 
quired to  pay  any  fare,  and  from  the  first  day  of  May  to  the  first 
day  of  September  of  each  year  there  shall  be  established  by  the 
owners  of  said  street  railroad  a  station  at  some  place  to  be  desig- 
nated by  them  on  the  street  known  as  Twenty-first  or  Center 
street,  where  transfers  without  additional  charge  shall  be  fur- 
nished between  the  hours  of  5  o'clock  p.  m.  until  the  cars  stop 
running  for  the  day  to  all  passengers  traveling  to  or  from  the 
beach. 

Sec.  6.  That  the  powers,  rights,  privileges  and  franchises 
hereby  granted  and  conferred  shall  exist  and  continue  for  a  period 
of  fifty  years,  from  the  1st  day  of  December.  1900,  to  December 
I,  1950,  at  which  time  the  same  shall  cease  and  determine,  but  on 
the  first  day  of  December,  1925,  the  city  of  Galveston  shall  have 
the  option,  right  and  privilege  of  purchasing  all  the  street  rail- 
ways hereby  authorized  to  be  owned,  maintained  and  operated, 
together  with  all  the  sidetracks,  switches,  crossovers,  turnouts, 

392 


Appendix.  Chap.  LXXXVIIL 

poles,  wires,  machinery,  sheds,  power  houses  and  other  apph- 
ances  and  properties  of  every  character  used  or  required  in  con- 
nection with  said  railways  and  the  operation  thereof,  at  the  value 
of  the  same  at  that  time,  as  such  value  shall  be  ascertained  and 
determined  by  an  appraisement  or  arbitration  in  the  mode  pre- 
scribed ]\v  the  laws  of  Texas  relating  to  arbitration ;  and  if  the 
said  option,  right  and  privilege  of  so  purchasing  shall  not  be 
exercised  by  the  city  of  Galveston  on  said  first  day  of  December, 
1925,  then  such  option,  right  and  privilege  of  so  purchasing  shall 
recur  every  five  years  thereafter  until  the  expiration  of  the  rights 
and  franchises  herein  granted,  as  above  provided. 

Sec.  7.  Whenever  the  gross  income  of  the  aforesaid  street 
railways  from  passenger  fares  shall  amount  to  three  hundred 
thousand  dollars  per  annum,  or  over,  the  citv  of  Galveston  shall 
have  the  right  to  pass  appropriate  ordinances  requiring  the  said 
railroad  company  to  furnish  all  passengers  with  transfers,  who 
may  be  compelled  to  use  two  lines  of  said  railroad  company  to 
reach  their  destination. 

Skc.  8.  That  it  is  further  ordained  and  provided  as  a  condi- 
tion of  this  grant  that  said  grantee,  or  his  assigns,  or  the  cor- 
poration that  may  be  organized  under  the  laws  of  the  State  of 
Texas  by  him  or  his  associates  and  assigns,  shall  and  do  hereby 
agree  to  pay  or  cause  to  be  paid  to  the  city  of  Galveston  the 
amount  of  a  certain  decree  entered  March  22nd.  1900,  in  equity 
cause  337,  entitled  Guaranty  Trust  Co.  of  New  York  et  al  vs. 
Galveston  City  Railroad  Co.,  in  the  Circuit  Court  of  the  United 
States  for  the  Eastern  district  of  Texas,  at  Galveston,  the  same 
being  in  favor  of  the  city  of  Galveston,  for  $30,000.00,  with  in- 
terest thereon  from  March  22nd,  1900,  at  the  rate  of  6  per  cent 
per  annum,  and  all  costs  of  suit  (all  of  which  is  fully  set  forth 
in  said  decree,  to  which  reference  is  hereby  made,  an  appeal  from 
which  decree  is  now  pending  in  the  United  States  Circuit  Court 
of  Appeals  for  the  Fifth  circuit),  the  same  being  the  value  as 
claimed  bv  the  said  city  for  its  interest  as  a  stockholder  or  mort- 
gagee, or  otherwise,  in  the  Galveston  City  Railroad  company  and 
its  propertv,  under  the  contract  with  B.  Rush  Plumley  and  his 
associates,  of  Mav,  1866,  and  any  contract  or  ordinance  amend- 
atorv  thereof,  or  supplemental  thereto;  and  if  the  amounts  above 

393 


Chap.  LXXXYIII.  Appendix. 

specified  shall  not  have  been  paid  to  said  city  of  Galveston  within 
thirty  days  from  the  date  this  ordinance  shall  take  efifect,  then 
this  grant,  and  all  rights  thereunder,  shall  cease  and  become  void, 
without  any  further  action  on  the  part  of  said,  city ;  provided, 
however,  that  the  said  city,  if  said  grantee  or  his  assigns  so  de- 
sire, shall  transfer  and  assign  said  decree,  and  all  its  rights  and 
interest  thereunder,  to  the  grantee  or  his  assigns,  without  re- 
course upon  the  city  of  Galveston,  and  the  said  city  shall  in 
its  own  name  but  for  the  use  and  benefit  of  said  grantees  or 
his  assigns  defend  and  resist  in  the  said  Circuit  Court  of  Appeals 
the  appeal  now  pending  therein  from  the  aforesaid  decree  of 
March  22nd.  1900;  and  provided  further,  that  nothing  herein 
contained  shall  be  construed  as  a  settlement  of  any  other  claim, 
right  or  lien  asserted  by  said  city  of  Galveston  against  said  Gal- 
veston City  Railroad  company  and  other  parties  and  property 
in  equity  causes  Nos.  337  and  338. 

Se;c.  9.  That  the  powers,  rights,  privileges  and  franchises 
hereby  granted  and  conferred  shall  be  and  are  in  lieu  of  the 
powers,  rights,  privileges  and  franchises  arising  from  and  con- 
ferred by  the  contract  between  the  city  of  Galveston  and  B.  Rush 
Plumly  and  associates,  entered  into  May,  1866,  and  also  arising 
from  and  conferred  by  the  following  ordinances,  to-wit :  An 
ordinance  making  a  grant  to  the  People's  Railway  company,  ap- 
proved July  10,  1873,  and  amended  March  3,  1875;  ordinance 
making  a  grant  to  the  Galveston  City  Railroad  company,  passed 
September  7,  1885;  an  ordinance  making  a  grant  to  the  City 
Railroad  company,  approved  October  6,  1885,  and  an  ordinance 
making  a  grant  to  the  Galveston  City  Railroad  company  April 
9,  1886;  an  ordinance  making  a  grant  to  the  Galveston  City 
Railroad  company,  approved  December  6,  1887;  an  ordinance 
making  a  grant  to  Francis  D.  Allan  and  associates,  approved 
November  6,  1883  ;  an  ordinance  making  a  grant  to  Francis  D. 
Allan  and  associates,  approved  Alarch  5,  1884:  an  ordinance 
making  a  grant  to  the  Gulf  City  Street  Railway  and  Real  Estate 
company,  passed  April  22,  1884;  an  ordinance  making  a  grant 
to  the  Gulf  City  Street  Railway  and  Real  Estate  company,  passed 
August  4,  1884;  an  ordinance  making  a  grant  to  the  Gulf  City 
Street  Railway  and  Real  Estate  company  and  revoking  a  grant 

394 


Appendix.  Chap.  LXXXIX. 

to  the  Galveston  City  Railroad  company,  or  People's  Railway 
company,  approved  September  9,  1885  ;  an  ordinance  making-  a 
grant  to  the  Gulf  City  Street  Railway  and  Real  Estate  company, 
approved  September  25,  1885 ;  an  ordinance  making  a  grant  to 
the  Gulf  City  Street  Railway  and  Real  Estate  company,  approved 
October  6,  1885  ;  an  ordinance  making  a  grant  to  the  Gulf  City 
Street  Railway  and  Real  Estate  company,  approved  April  22, 
1886,  and  an  ordinance  granting  franchises  to  the  Galveston  City 
Railroad  company,  passed  February  21,  1895,  and  all  the  said 
ordinances,  resolutions,  contracts  or  acts  of  said  citv  of  Galves- 
ton,  hereinbefore  named,  and  be  and  they  are  expressly  repealed, 
this  ordinance  being  hereby  ordained  and  accepted  as  a  complete 
substitute  therefor,  but  without  affecting  any  of  the  rights  ac- 
quired by  the  purchaser  under  the  decree  and  sale  of  the  United 
States  Circuit  Court  of  the  aforesaid  railroad  and  properties,  ex- 
cept as  otherwise  provided  by  this  ordinance. 
Passed  December  17,  1900. 


CHAPTER  LXXXIX. 

GRANT  TO  TlITi:  GALVESTON   AND   WESTERN   RAILWAY   COMPANY  AND 
THE  GAEVESTON,  LA  PORTE  AND  HOUSTON  RAILWAY  COMPANY. 

Sectfon  I.  The  rights  of  way  upon  which  to  construct,  main- 
tain, own  and  operate  a  railroad,  with  such  sidetracks,  turnouts 
and  switches  as  may  be  necessary,  be  and  the  same  are  hereby 
granted  to  the  Galveston  and  Western  Railway  company,  as 
follows : 

To  construct  its  tracks  from  F'orty-third  street  westwardly 
along  Postofifice  street  to  the  western  limits  of  the  city,  with  the 
right  to  curve  northwardly  from  said  Postoffice  street  to  Avenue 
A ;  thence  eastwardly  along  and  upon  Avenue  A  to  the  eastern 
limits  of  the  city,  with  the  right  to  connect  its  tracks  with  those 
of  the  Galveston,  Plouston  and  Plenderson  Railway  company,  the 
Gulf,  Colorado  and  Santa  Fe  Railway  company,  and  the  Galves- 
ton Wharf  company  ;  also  with  the  right  to  extend  its  tracks  and 
switches  north  of  Avenue  A,  so  as  to  connect  with  the  tracks  of 
the  Galveston  Wharf  company,  and  those  of  any  and  all  other 
railroad  companies  now  or  that  may  hereafter  be  built  upon  said 
Avenue  A,  or  north  thereof. 

395 


Chap.  LXXXIX.  Appendix. 

Sue.  2.  That  the  grant  herein  made  shall  extend  only  to  so 
much  of  the  streets  and  alleys  as  the  city  of  Galveston  has  the 
right  to  grant  to  railroads  under  the  laws  of  the  State ;  and  the 
ordinances  and  grants  of  and  by  the  city  of  Galveston  heretofore 
made  and  now  in  effect. 

Sec.  3.  That  the  rights  of  way  hereby  granted  may  be  occu- 
pied, used  and  enjoyed  by  the  Galveston  and  Western  Railway 
company  and  by  the  Galveston,  La  Porte  and  Houston  Railway 
company. 

Sec.  4.  The  right  to  regulate  the  grade  of  said  track  and 
crossings  over  the  same  streets  and  alleys  for  sanitary,  police 
or  other  municipal  or  economic  purposes  over  the  right  of  way 
herein  granted,  especially  reserved  to  the  city  of  Galveston  and 
in  constructing  and  maintaining  said  tracks,  said  company  shall 
conform  to  and  be  governed  by  the  charter  and  ordinances  of 
the  city,  as  the  same  are  now  or  may  hereafter  be,  and  shall  re- 
store the  streets  to  the  condition  required  by  the  same,  and  shall 
at  all  intersections  of  streets  where  the  streets  are  now  used,  or 
may  be  hereafter  used,  erect  and  maintain  suitable  and  sufficient 
crossings,  which  crossings  shall  be  constructed  from  curb  line 
to  curb  line  across  said  streets,  and  erect  and  maintain  other 
means  and  devices  for  the  safety  of  the  public  over  and  about  said 
tracks,  upon  the  request  of  the  city  council,  at  its  own  cost  and 
expense,  under  the  direction  and  supervision  of  the  city  engineer. 

Sec.  5.  That  in  the  event  that  said  railway  company  shall 
proceed  to  construct,  maintain  and  operate  a  railway  over  the 
right  of  way  herein  granted,  then  any  other  railroad  company 
desiring  to  participate  in  the  ownership  and  operation  of  the  same, 
it  may  do  so  by  paying  an  equal  pro  rata  of  the  cost  of  said  rail- 
road over  the  said  right  of  way,  and  in  case  said  railway  com- 
panies cannot  agree  upon  the  cost  of  the  said  railroad  upon 
terms  satisfactory  among  themselves,  then  the  same  shall  be  de- 
termined by  a  board  of  arbitration,  consisting  of  one  arbitrator 
to  be  appointed  by  the  city  of  Galveston  and  one  arbitrator  to 
be  appointed  by  the  railway  company  or  companies  owning-  or 
operating  the  same ;  and  in  case  of  disagreement  of  said  arbitra- 
tors, they  shall  appoint  an  umpire  to  decide  the  matter;  and 
should  the  said  railway  company  or  companies  refuse  to  appoint 

39fi 


Appendix.  Chap.  LXXXIX, 

an  arbitrator  when  applied  to,  then,  in  that  case,  the  city  council 
shall  proceed  to  appoint  two  arbitrators  who  shall  proceed  to 
determine  the  matter  as  hereinbefore  provided.  It  is  the  object 
of  this  section  to  make  a  general  railroad  over  the  right  of  way 
herein  granted,  to  the  end  that  all  railway  companies  that  may 
now  or  hereafter  terminate  in  Galveston,  so  desiring,  may  ac- 
quire equal  rights  in  the  ownership  and  operation  of  said  railroad. 

Sec.  6.  The  said  Galveston  and  \\'estern  Railway  company 
and  the  said  Galveston,  LaPorte  and  Houston  Railway  company 
shall,  within  ten  days  from  the  passage  of  this  ordinance,  sig- 
nify their  acceptance  in  writing  of  each  and  every  provision  of 
this  ordinance,  and  failure  so  to  do  on  the  part  of  either  com- 
pany within  the  time  specified  shall  ipso  facto  work  as  a  for- 
feiture of  the  rights  herein  granted. 

Sec.  7.  The  privileges  herein  given  arc  granted  for  the  period 
of  thirty  years. 

Sec.  8.  The  rights  and  privileges  herein  given  are  granted 
on  the  express  condition  that  the  construction  of  said  roadbed 
from  Forty-third  street  west  on  Postoffice  street  shall  be  begun 
within  ninety-one  days  from  the  date  of  the  passage  of  this  or- 
dinance ;  and  the  grading  thereof  shall  be  completed  within  six 
months  from  said  date  to  the  western  limits  of  the  city,  and  fail- 
ure so  to  commence,  or  so  to  complete  said  work,  shall  ipso  facto 
work  a  forfeiture  of  all  the  privileges  and  rights  herein  granted. 

Sec.  9.  That  the  privileges,  rights,  grants  and  franchises 
made  and  extended  by  this  ordinance  shall  be  in  lieu  of,  as  a  sub- 
stitute in  full  for,  and  conditioned  upon  a  surrender  of  all  priv- 
ileges, rights,  grants  and  franchises  by  the  city  of  Galveston, 
heretofore  at  any  time  and  in  any  manner  made,  given  or  ex- 
tended either  to  the  Galveston,  Brazos  and  Colorado  Narrow 
Gauge  Railway  company,  the  Texas  Mexican  Railway  company 
or  the  Galveston  and  Western  Railway  company,  on  Ninth  street 
between  Avenues  A  and  N.  and  on  Avenue  N  between  Ninth 
and  Forty-third  streets  ;  and  it  is  distinctly  provided,  agreed  and 
understood  that  none  of  the  privileges,  rights,  grants  or  fran- 
chises under  this  ordinance  shall  take  effect  or  become  operative, 
unless  the  said  Galveston  and  Western  Railway  company  shall, 
within  ninety  days  from  and  after  the  date  of  the  passage  of  this 

397 


Chap.  XC.  Appendix. 

ordinance,  remove  all  its  tracks,  sidetracks,  turnouts,  switches, 
rails,  crossties  and  all  its  other  property  from  any  and  all  portions 
of  Ninth  street  and  from  all  portions  of  Avenue  N  east  of  Forty- 
third  street ;  and  it  is  further  distinctly  provided,  agreed  and 
understood  that  by  the  acceptance  of  the  grant  made  by  this  or- 
dinance or  by  the  exercise  of  any  of  the  privileges  or  rights  con- 
ferred by  this  ordinance,  the  said  Galveston  and  Western  Rail- 
way company  thereby  forever  abandons  and  surrenders  any  and 
all  right  or  claim  of  right  to  use  or  in  any  way  occupy  any  por- 
tion of  Ninth  street  and  any  portion  of  Avenue  N  east  of  Forty- 
third  street. 

Passed   under   suspension    of   rules   at    an    adjourned   regular 
meeting  held  April  6,   1895. 


CHAPTER    XC. 

GRANT  TO  GAIA'ESTON,  LA  PORTE  AND  ITOL'STON  RAIIAN'AY  COIVIPANY. 

Section  1.  That  the  right  of  way,  together  with  the  right, 
privilege  and  license  of  constructing,  maintaining  and  operating 
a  steam  railway  with  all  necessary  and  convenient  switches,  side- 
tracks, and  connection  is  hereby  granted  to  the  Galveston,  La 
Porte  and  Houston  Railway  company  upon,  over  and  along  the 
following  named  avenues  and  streets,  viz. :  Upon,  over  and  along 
Avenue  E,  from  the  western  limits  of  the  city  eastward  to  the 
west  line  of  Twenty-ninth  street,  together  with  the  right  to  con- 
struct, extend,  maintain  and  operate  their  railway  from  and  be- 
tween the  most  suitable  and  convenient  points  on  said  Avenue  E 
north  to  Avenue  A  and  south  to  any  point  on  Avenue  E  west  of 
Thirty-sixth  street,  for  the  purpose  of  making  proper  connection 
with  existing  railways,  subject  to  the  other  provisions  of  this 
ordinance,  on  said  streets  or  with  those  which  may  hereafter  be 
constructed,  together  with  the  right  to  construct,  maintain  and 
operate  their  said  railway,  from  such  said  points  as  is  reached  on 
Avenue  A,  upon,  over  and  along  Avenue  A  eastward  to  the 
eastern  limits  of  the  city,  together  with  the  right  to  make  all  suit- 
able and  necessary  switches,  sidetracks  and  connections  with  other 
railways  north  of  Avenue  E  west  of  Thirty-sixth  street,  and  north 
of  Avenue  E  west  of  Twenty-ninth  street,  and  north  of  Avenue 
A  from  the  western  to  the  eastern  limits  of  the  city  of  Galves- 

398 


Appendix.  Chap.  XC. 

ton,  and  with  all  warehouses,  factories,  cotton  presses  and  wharfs 
as  may  be  most  convenient  for  the  proper  transaction  of  their 
business,  and  for  all  such  purposes,  the  further  right  to  cross 
over  all  intersecting-  streets  or  alleys. 

Sec.  2.  The  grant  hereby  made  shall  be  for  the  term  of  thirty- 
five  years  and  shall  extend  only  to  such  portions  of  avenues, 
stieeu.  and  alleys  and  the  use  thereof  as  the  city  of  Galveston 
has  the  right  to  grant  to  railways  under  the  laws  of  the  State 
and  under  the  charter  and  ordinances  of  the  city  of  Galveston, 
and  grants  privileges,  licenses  and  franchises  heretofore  made 
by  the  city  of  Galveston  to  other  persons  or  corporations. 

Sec.  3.  The  grant  hereby  made  is  done  with  the  express  stip- 
ulation and  agreement  that  work  on  the  main  track  of  said  rail- 
way shall  be  commenced  within  thirty  days  and  shall  be  continued 
to  completion  without  unnecessary  delay,  and  that  the  terms  of 
this  franchise  as  relates  to  switches,  sidetracks  and  connections 
exist  during  the  full  term  of  this  grant ;  provided,  however,  that 
the  city  of  Galveston  reserves  to  itself  the  right  to  declare  and 
fix  the  location  of  such  main  tracks,  switches,  sidetracks  and 
connections. 

Sec.  4.  The  grant  hereby  made  is  done  with  the  express  stip- 
ulation and  agreement  that  in  case  the  said  railway  company  shall 
construct  such  tracks,  switches,  sidetracks  and  connections  as 
herein  contemplated  and  set  forth,  and  thereafter  for  any  cause  or 
reason  shall  fail  to  maintain  and  operate  said  track  in  full  com- 
pliance with  the  rules  and  regulations  and  ordinances  established 
by  the  city  council  of  Galveston,  or  shall  for  a  period  of  six  months 
fail  to  maintain  and  operate  such  property,  and  then  in  such  case 
all  the  rights  and  franchise  herein  conveyed  shall  revert  to  the 
city  of  Galveston  without  further  process  of  law,  and  the  said 
railway  company  by  the  acceptance  of  the  terms  of  this  grant  in 
such  last  mentioned  condition  thereby  waives  all  right  to  continue 
in  the  enjoyment  of  the  said  franchise  and  agrees  that  the  city  of 
Galveston  may  enter  upon  and  remove  all  such  tracks,  switches, 
sidings  and  connections  as  may  have  been  constructed  by  said 
railway  company  in  said  streets  and  alleys. 

Sec.  5.  The  grant  hereby  made  is  done  with  the  express  stip- 
ulation and  agreement  that  the  said  railway  company,  by  accept- 

399 


Chap.  XC.  Appendix. 

ance  of  the  same,  agrees  and  undertakes  to  hold  the  city  of  Gal- 
veston harmless  and  indemnify  it  against  all  suits  of  whatsoever 
nature,  costs,  damages,  claims  and  expenses  that  may  arise  or 
grow  out  of  the  occupation  and  use  by  said  railway  company  of 
the  right  of  way  and  franchise  hereby  granted. 

Sec.  6.  The  rights,  duties  and  obligations  of  said  railway 
company  over  the  rights  of  way  hereby  granted  shall  be  governed 
and  controlled  by  the  general  laws  of  the  State,  and  the  charter 
and  ordinances  of  the  city  of  Galveston  as  they  now  are  or  may 
hereafter  be  and  the  right  to  establish  and  regulate  the  grade 
and  location  of  said  tracks  along,  over  and  across  said  avenues, 
streets  and  alleys ;  also,  the  character  and  dimensions  of  all  cross- 
ings, protection  and  drainage  of  the  same,  for  sanitary,  police 
or  economic  purposes,  especially  reserved  to  the  city  of  Galves- 
ton, and  all  crossings  so  constructed  shall  be  made  and  built 
from  curb  line  to  curb  line. 

Sec.  7.  Before  any  of  the  terms  of  this  grant  may  be  used  or 
enjoyed  by  said  railway  company,  it  shall  signify  its  agreement 
to  any  acceptance  of  the  ordinance  and  all  its  terms  in  writing, 
properly  signed  by  its  authorized  president,  and  deposited  with 
the  clerk  of  the  city  of  Galveston. 

Sec.  8.  That  in  the  event  said  railway  company  shall  proceed 
to  construct,  maintain  and  operate  a  railway  over  the  right  of  way 
herein  granted,  then  any  ,othcr  railway  company  desiring  to 
participate  in  the  ownership,  management,  control  and  operation 
of  the  same  may  do  so  by  paying  an  equal  pro  rata  of  the  actual 
original  cost  of  said  railway  over  said  right  of  way,  and  there- 
upon said  other  company  shall  have  equal  control,  ownership 
and  management  in  the  railway  and  its  operations,  and  in  case 
said  railway  companies  cannot  agree  upon  the  cost  of  said  rail- 
road among  themselves,  then  the  same  shall  be  determined  by 
a  board  of  arbitration,  consisting  of  one  arbitrator  to  be  appointed 
by  the  company  desiring  to  enter  upon  said  railroad,  and  one  ar- 
bitrator to  be  appointed  by  the  grantee  herein  or  its  successor, 
and  in  case  of  the  disagreement  of  said  arbitrators  then  the  city 
council  of  the  city  of  Galveston  shall  appoint  an  umpire  to  decide 
the  matter,  whose  decision  shall  be  final  and  binding.  And 
should  the  said  railroad  company  or  companies  refuse  to  appoint 

400 


Appendix.  Chap.  XC. 

an  arbitrator  when  applied  to,  then  in  that  case  the  city  council 
shall  appoint  two  arbitrators  who  shall  proceed  to  determine  the 
matter  as  hereinbefore  provided,  or  at  the  option  of  the  council 
of  the  city  of  Galveston  his  franchise  or  license  to  become  null 
and  void,  and  said  track  shall  be  removed  from  said  street  or 
streets  wathin  thirty  days  from  the  date  on  which  said  council 
shall  order  said  removal. 

It  is  the  object  of  this  section  to  make  a  general  railroad  over 
the  right  of  way  granted  herein,  to  the  end  that  all  railway  com- 
panies that  may  now  or  hereafter  terminate  in  Galveston,  so 
desiring,  may  acquire  equal  rights  in  the  ownership,  manage- 
ment, control  and  operation  of  said  railroad. 

Sec.  9.  The  franchises,  rights  of  way  and  all  other  privileges 
and  easements  granted  to  or  conferred  upon  the  said  Galveston, 
LaPorte  and  Houston  company  by  any  of  the  provisions  of  this 
ordinance  are,  however,  granted  and  conferred  by  the  city  of 
Galveston  and  are  accepted  by  the  said  Galveston,  LaPorte  and 
Houston  Railway  company  upon  the  express  condition  that  neither 
the  said  Galveston,  LaPorte  and  Houston  Railway  company  nor 
its  successors,  nor  its  assigns,  shall  run,  transport  or  operate,  or 
permit  or  suffer  to  be  run  or  transported  or  operated,  its  engines 
and  cars,  or  any  of  them,  or  the  engines  and  cars  of  any  other 
railway  company  or  corporation,  upon  or  along  the  following 
streets  of  the  city  of  Galveston,  viz. :  Avenue  N  and  Ninth 
street ;  or  make  any  connections  with  any  railroad  now  on  either 
of  said  streets,  and  by  any  such  use,  or  attempted  use,  of  the 
said  Avenue  N  and  Ninth  street,  or  any  portion  of  either  of  them, 
by  the  said  Galveston.  LaPorte  and  Houston  Railway  company, 
or  its  successors  or  assigns  (except  for  the  purpose  of  crossing 
Ninth  street  at  its  intersection  with  Avenue  A),  the  said  Gal- 
veston, LaPorte  and  Houston  Railway  company,  or  its  successors 
or  assigns,  shall,  without  any  suit  or  suits  being  instituted  for 
that  purpose,  forfeit  all  franchises,  rights  of  way  and  all  other 
privileges  and  easements  by  this  ordinance  granted,  and  all  such 
franchises,  rights  of  way  and  privileges  and  easements  shall  there- 
upon immediately  cease  and  determine  and  be  incapable  of  re- 
sumption, and  the  city  of  Galveston  shall  have  the  right,  without 
any  suit  or  suits  or  other  judicial  proceedings,  by  and  through 

401 


Chap.  XC.  Appendix. 

the  mavor  of  said  city,  as  hereinafter  provided,  to  take  possession 
of  all  of  said  streets  of  said  city  of  Galveston  over  and  along 
which  the  franchises,  rights  of  way,  privileges  and  easements  are 
herein  granted  to  the  said  Galveston,  LaPorte  and  Houston 
Railway  company,  and  remove  therefrom  the  tracks,  engines  and 
cars,  and  all  other  property  of  the  said  Galveston,  La  Porte  and 
Houston  Railway  company,  or  its  successors  or  assigns,  or  in  its 
or  their  possession  or  control. 

Sec.  io.  Any  use  or  attempted  use  by  the  said  Galveston, 
LaPorte  and  Houston  Railway  company,  or  its  successors  or 
assigns,  or  by  any  officer  or  officers,  or  agent  or  agents,  or  em- 
ploye or  employes,  of  the  said  Galveston,  LaPorte  and  Houston 
Railway  company,  or  its  successors  or  assigns,  of  the  said  fran- 
chises, rights  of  way,  privileges  and  easements,  by  this  ordinance 
granted  and  conferred,  after  the  said  franchises,  rights  of  way, 
privileges  and  easements  have  ceased  and  determined,  as  provided 
in  the  preceding  section,  shall  be  deemed  and  is  hereby  declared 
to  be  an  unlawful  obstruction  of  the  streets  of  the  said  city  of 
Galveston,  and  upon  due  conviction  thereof  such  corporation,  or 
person  or  persons,  so  oft'ending  shall  be  fined  in  any  sum  not  less 
than  ten  and  not  more  than  one  hundred  dollars  for  each  such 
offense,  and  any  such  person  or  persons  shall  also  be  liable  to 
imprisonment  for  a  period  of  time  not  exceeding  fifteen  days  for 
each  offense,  in  the  discretion  of  the  court  trying  said  cause,  and 
each  day  such  offense  shall  continue  shall  be  considered  a  sepa- 
rate oft'ense. 

Sec.  II.  It  shall  be  the  duty  of  the  mayor  of  said  city,  after 
said  franchises,  rights  of  way,  privileges  and  e'asements  have 
ceased  and  determined,  as  hereinbefore  provided,  to  cause  all  of 
said  property  of  the  said  Galveston,  LaPorte  and  Houston  Rail- 
way company,  or  its  successors  or  assigns,  or  in  its  or  their  pos- 
session or  control,  to  be  at  once  removed  from  said  streets  along 
which  said  franchises  and  rights  of  way  are  herein  granted ;  and 
should  the  said  mayor  deem  it  necessary,  he  shall  order  the  chief 
of  police,  or  other  qualified  officer,  to  proceed  with  a  sufficient 
force  to  remove  all  said  property  therefrom,  and  said  chief  of 
police,  or  other  qualified  officer,  as  aforesaid,  is  hereby  fully  au- 
thorized and  empowered  to  summon  such  force  as  he  may  deem 

402 


Appendix.  Chap.  XCI. 

necessary  to  enforce  the  provisions  of  this  ordinance,  and  to  re- 
move all  said  property  and  abolish  all  obstructions  created  thereby. 

Sec.  12.  All  the  provisions  of  this  ordinance  shall  apply  to 
and  be  binding  upon  each  and  every  railway  company  availing 
itself  of  any  of  the  franchises,  rights  of  way  or  other  privileges 
or  easements  granted  by  this  ordinance,  and  the  provisions  of  sec- 
tion 10  of  this  ordinance  shall  also  apply  to  any  officer  or  officers, 
agent  or  agents,  employe  or  employes,  of  any  such  railway  com- 
pany violating  the  provisions  of  said  section  lo  of  this  ordinance. 

Sec.  13.  In  the  event  the  Galveston  and  Western  Railway 
company  shall  hereafter  be  lawfully  granted  by  the  city  council 
of  the  city  of  Galveston  the  right  and  authority  to  run  engines 
and  cars  and  transport  freight  and  passengers  upon  or  along 
said  Avenue  N  from  Forty-first  street  to  Ninth  street,  of  said 
city,  and  on  Ninth  street  from  Avenue  N  to  Avenue  A,  of  said 
city ;  or  in  the  event  said  rights  and  authority  be  hereafter  es- 
tablished in  said  Galveston  and  Western  Railway  company  by 
the  final  judgment  of  any  court  of  competent  jurisdiction,  ren- 
dered in  any  suit  or  suits  now  pending,  or  hereafter  instituted, 
in  which  said  Galveston  and  Western  Railway  company  is  or 
shall  be  a  party,  then  sections  9,  10,  11  and  12  of  this  ordinance 
shall  be  null  and  void. 

[Passed  May  35,  1895. 


CHAPTER  XCI. 

GALVESTON,   LA  PORTE  AND  HOUSTON   RAILWAY  COMPANY. 

Section  i.  .That  there  is  hereby  granted  to  the  Galveston, 
LaPorte  and  Houston  Railway  company  a  right  of  way  across 
Sixteenth.  Fifteenth,  Fourteenth,  Thirteenth,  Twelfth  and  Elev- 
enth streets  of  the  city  of  Galveston,  up  to  the  western  line  of 
Tenth  street  of  said  city,  for  the  purpose  of  locating,  maintaining 
and  operating  on  the  way  herein  granted  a  steam  railroad ;  the 
right  of  way  herein  granted  being  across  said  streets  north  of 
Avenue  A,  in  the  city  and  county  of  Galveston. 

Sec.  2.  Said  railway  company  is  hereby  granted  the  right  to 
close  Eleventh,  Twelfth  and  Thirteenth  streets  of  said  city  north 
of  Avenue  A,  and  to  use  the  same  for  yard  room ;  provided,  how- 
ever, that  said  streets  may  at  any  time  be  declared  open  by  the 

40.3 


Chap.  XCII.  Appendix. 

city  council  of  the  city  of  Galveston,  and  upon  such  declaration 
being-  made  bv  said  city  council  said  railway  company  shall  re- 
move any  and  all  obstruction  to  the  opening  of  said  streets,  ex- 
cept its  tracks,  which  shall,  however,  as  to  grade  and  method  of 
construction,  be  subject  to  the  control  and  approval  of  the  city 
engineer. 

SevC.  3.  This  grant  and  each  and  every  license  or  right  herein 
or  hereby  conveyed  to  said  railway  company  is  made  upon  the 
express  condition  and  with  the  distinct  understanding,  which 
condition  and  understanding  is  by  the  consideration  of  the  priv- 
ileges hereby  granted,  assented  to  and  confirmed  by  said  rail- 
way company,  that  said  company  will  at  its  own  proper  cost  and 
expense  fill  to  grade  said  Thirteenth.  Twelfth  and  Eleventh 
streets,  beginning  at  such  point  on  each  of  said  streets  north 
of  Avenue  A,  and  where  the  property  of  said  company  conveni- 
ences and  proceeds  as  far  north  as  said  company  may  use  said 
streets  for  the  purposes  enumerated  in  said  ordinance.  And  in 
the  event  said  company  shall  fail,  refuse  or  neglect  to  fill  said 
streets  and  each  of  them,  to  grade  within  one  year  from  the 
passage  of  this  ordinance,  then  and  in  that  event  each  and  every, 
all  and  singular,  the  privileges  and  rights  hereby  granted  shall 
by  said  failure  be  canceled  and  annulled,  and  it  shall  not  be  neces- 
sary, to  effect  and  bring  about  said  cancellation  and  such  annul- 
ment, for  the  city  of  Galveston  to  i:0  into  any  court. 

Sec.  4.  And  to  evidence  the  assent  and  acceptance  by  said 
railway  company  of  this  ordinance  and  each  and  every  of  its 
terms,  regulations  and  conditions,  said  railway  company  shall, 
within  ten  days  from  the  passage  hereof,  and  before  it  begins  any 
work  under  the  license  and  rights  herein  permitted,  notify  in  writ- 
ing the  city  clerk  of  the  city  of  Galveston  of  its  acceptance  of 
this  ordinance  and  each  and  every  the  term  thereof. 

[Passed  July  15,  1895.    Passed  over  veto  ,)uly  23,  1895. 


CHAPTER   XCII. 

GRANT   TO    THE   GALVESTON,    HOUSTON    AND    HENDERSON    RAILROAD 

COMPANY. 

Section   i.     That  there  is  hereby  granted  to  the  Galveston, 
Houston  and  Henderson  Railroad  company  of  1882,  the  right  of 

404 


Appendix.  Chap.  XCII. 

way  for  the  railway  tracks  of  said  company,  and  for  maintaining 
and  operating"  a  steam  railway  thereon,  with  the  necessary  side- 
tracks and  switches  in  the  city  of  Galveston,  Texas,  as  follows  : 
Upon  and  along  Avenue  C  or  ]\Iechanic  street  from  Twenty-fifth 
street  to  Thirty-seventh  street,  and  also  the  right  to  cross  all  in- 
tervening streets  and  alleys  tipon  the  line  and  right  of  way  above 
specified. 

That  section  i  of  an  ordinance  entitled  "An  ordinance  to  grant 
to  the  Galveston,  Hottston  and  Henderson  Railroad  company  of 
1882  the  right  of  way  along  Avenue  C  or  ^Mechanic  street  from 
Twenty-fifth  to  Thirty-seventh  streets,  in  the  city  of  Galveston, 
Texas,  and  across  intervening  streets  and  alleys  along  said  right 
of  way,"  introduced  at  a  meeting  of  the  city  council  of  the  city 
of  Galveston  on  the  19th  day  of  July,  1897,  and  referred  to  the 
committee  on  ordinances  of  said  city,  be  hereby  amended  so  that 
said  section  shall  read  as  follows : 

Section  i.  That  there  is  hereby  granted  to  the  Galveston, 
Houston  and  Henderson  Railroad  company  of  1882  the  right  of 
way  for  the  railway  tracks  of  said  company,  and  for  maintaining 
and  operating  a  steam  railway  thereon,  with  the  necessary  side- 
tracks and  switches,  in  the  city  of  Galveston,  Texas,  as  follows : 
Upon  and  along  Avenue  C  or  Alechanic  street  from  Thirty - 
seventh  street  to  the  east  side  of  Twenty-seventh  street ;  and  also 
the  right  to  cross  all  intervening  streets  and  alleys  upon  the  line 
and  right  of  wa}^  above  specified. 

Sec.  2.  The  grant  herein  made  shall  extend  only  to  so  much 
of  the  streets  and  alleys  as  the  city  of  Galveston  has  the  right 
to  grant  to  railroads  under  the  laws  of  the  State. 

Sec.  3.  The  rights,  duties  and  obligations  of  said  railroad 
company,  over  the  right  of  way  herein  granted,  shall  be  governerl 
by  the  general  laws  of  the  State  and  by  the  charter  provisions 
of  the  said  railroad  company,  and  as  otherwise  provided  in  this 
ordinance. 

Sec.  4.  The  right  to  regulate  the  grade  of  said  tracks  and 
crossings  over  the  same  at  streets  and  alleys — for  sanitary,  police 
or  other  municipal  or  economic  purposes — over  the  right  of  way 
herein  granted  is  specially  reserved  to  the  city  of  Galveston ;  and 
in  constructing  and  maintaining,  said  company  shall  restore  the 

sn_  405 


Chap.  XCIII.  Appendix. 

streets  to  the  condition  in  which  they  now  are,  and  shall,  at  all 
intersections  of  streets,  erect  and  maintain  suitable  and  sufficient 
crossings  over  said  tracks. 

Sec.  5.  That  said  railway  company  undertakes  to  hold  the 
city  of  Galveston  harmless  and  indemnify  it  against  all  suits, 
costs,  expenses  and  damages  that  may  arise  or  grow  out  of  this 
grant  or  by  reason  of  its  occupation  and  use  of  the  right  of 
way  herein  granted. 

Sec.  6.  That  it  shall  not  be  lawful  for  said  Galveston,  Hous- 
ton and  Henderson  Railroad  company,  its  agents,  servants  and 
employes,  to  stop,  or  cause  to  be  stopped,  upon  any  track  or 
tracks  of  said  company,  constructed  and  laid  down  under  and  by 
authority  of  this  ordinance,  at  the  intersection  of  Thirtieth  and 
Mechanic  streets,  or  where  such  track  or  tracks  intersect  the 
track  or  tracks  of  any  other  railroad  company,  its  locomotives  or 
cars,  for  a  longer  period  than  three  minutes  at  any  one  time,  and 
upon  a  violation  of  this  section  of  this  ordinance,  and  upon  com- 
plaint thereof  to  the  chief  of  police  of  the  city  of  Galveston,  the 
said  chief  of  police  is  hereby  empowered  and  authorized,  and  it 
is  made  his  duty,  to  remove  or  cause  to  be  removed  from  such 
intersections  the  said  locomotives  and  cars,  at  the  cost  and  ex- 
pense of  the  said  Galveston,  Houston  and  Henderson  Railroad 

company.  [Approved  August  19,  1897. 


CHAPTER  XCHI. 

GRANT   TO    THE   GALVESTON,    HOUSTON    AND    HENDERSON    RAILROAD 

COMPANY. 

Whereas,  The  Galveston,  Houston  and  Henderson  Railroad 
company  of  1882  has  purchased  from  the  Gulf,  Colorado  and 
Santa  Pe  Railway  company  a  one-half  interest  in  and  to  the  first 
sidetrack  north  of  the  main  line  track  of  said  Gulf,  Colorado  and 
Santa  Fe  Railway  company,  and  being  the  sidetrack  beginning 
at  the  east  side  of  Forty-first  street,  at  its  intersection  with  Me- 
chanic street ;  thence  extending  westwardly  on  said  Mechanic 
street  a  distance  of  eleven  hundred  and  eighty-one  (1181)  feet 
to  the  center  of  Forty-fourth  street ;  also  has  purchased  from  the 
said  Gulf,  Colorado  and  Santa  Fe  Railway  company  a  right  of 
way  fifty  (50)  feet  in  width  across  block  five  hundred  and  eighty- 

406 


Appendix.  Chap.  XCIII. 

four  (584),  in  the  city  of  Galveston,  said  right  of  way  beginning 
at  the  northeast  corner  of  said  block  and  extending  diagonally 
across  said  block  to  the  southwest  corner  thereof ;  and  also  the 
right  to  connect  said  track,  to  be  laid  across  said  block,  with 
the  said  sidetrack  on  said  Mechanic  street,  at  a  point  between 
Forty-third  and  Forty-fourth  streets,  and  also  the  right  to  cross 
all  intervening  tracks  of  said  Gulf,  Colorado  and  Santa  Fe  Rail- 
way company  to  a  connection  with  the  tracks  of  the  said  Gal- 
veston, Houston  and  Henderson  Railroad  company  on  Market 
street,  between  Forty-fifth  and  Forty-sixth  streets,  in  the  said 
city  of  Galveston.  Texas : 

Nozv,  therefore,  be  it  ordained  by  the  city  council  of  the  city  of 

Galvestori : 

Suction  i.  That  there  is  hereby  granted  to  the  said  Galves- 
ton, Houston  and  Henderson  Railroad  company  of  1882  the 
right  of  way  over  and  along  said  Mechanic  street  and  intervening- 
streets  from  the  east  side  of  said  Forty-first  street,  westwardly, 
to  the  middle  of  said  Forty-fourth  street,  for  the  use  of  said  side- 
track jointly  with  the  said  Gulf,  Colorado  and  Santa  Fe  Railway 
company ;  also  the  right  of  way  on  and  across  said  Mechanic 
street  and  intervening  streets  for  the  purpose  of  constructing  a 
track  connecting  said  sidetrack  at  a  point  between  Forty-third 
and  Forty-fourth  streets,  across  Forty-fourth  and  Forty-fifth 
streets,  to  a  connection  with  the  tracks  of  said  Galveston,  Hous- 
ton and  Henderson  Railroad  company  on  Market  street  or  Ave- 
nue D,  between  Forty-fifth  and  Forty-sixth  streets,  in  said  city 
of  Galveston. 

Skc  2.  The  city  of  Galveston  shall  not  be  responsible  in  any 
wise  for  any  damages  whatsoever  growing  out  of  or  incident  to 
use  of  the  streets  by  said  Galveston,  Houston  and  Henderson 
Railroad  company,  granted  by  this  ordinance. 

Passed  under  a  suspension  of  the  rules  at  an  adjourned  reg- 
ular meeting  of  the  city  council,  held  July  5,  1898. 

[Approved  July  5,  1H98. 


40^; 


Chap.  XCIV.  Appendix. 

CHAPTER  XCIV. 

GRANT    TO    THE   GALVESTON,    HOUSTON    AND    HENDERSON    RAILROAD 

COMPANY. 

Section  i.  That  there  is  hereby  granted  to  the  Galveston, 
Houston  and  Henderson  Railroad  company  of  1882  the  right  of 
way  for  its  railway  tracks  for  said  company  and  for  maintaining 
and  operating  a  steam  railway  thereon,  with  the  necessary  side- 
tracks and  switches,  in  the  city  of  Galveston,  as  follows :  Upon 
and  along  Avenue  A,  from,  the  western  limits  of  the  city  of  Gal- 
veston to  the  eastern  limits  of  said  city  ;  also  the  right  to  l)uild 
and  extend  its  railways  and  tracks  on  Avenue  D  to  Avenue  A 
at  anv  point  or  points  between  the  western  limits  of  the  city  and 
Forty-seventh  street ;  from  Avenue  C  and  Forty-first  street  to 
Avenue  A  and  Thirty-eighth  street ;  from  Avenue  D  and  Thirty- 
seventh  street  to  Avenue  A  and  Thirty-third  street ;  also  the 
right  to  cross  all  streets  and  alleys,  and  the  intersection  thereof, 
upon  the  lines  and  ways  above  specified  ;  also  the  right  to  lay  its 
tracks  north  of  Avenue  A  to  the  channel  in  the  harbor,  upon  and 
across  all  streets  east  of  and  including  Fourth  street,  and  west  of 
and  including  Thirty-second  street. 

Sec.  2.  The  grant  herein  made  shall  extend  only  to  so  much 
of  the  streets  and  alleys  as  the  city  of  Galveston  has  the  right 
to  grant  to  railroads  under  the  laws  of  the  State. 

Sec.  3.  The  grant  licrein  made  sliall  not  inchide  any  right 
to  enter  upon  any  private  ]jroperty  without  the  consent  of  the 
owner  thereof,  or  a  legal  condemnation  of  the  same  in  accord- 
ance with  the  laws  of  the  State. 

Sec  4.  The  rights,  duties  and  obligations  of  said  railroad 
company  over  the  right  of  way  herein  granted  shall  be  governed 
l\v  the  general  laws  of  the  State,  when  not  otherwise  provided 
in  this  ordinance. 

Sec.  5.  The  right  to  regulate  the  grade  of  said  tracks  and 
crossings  over  the  same  at  streets  and  alleys,  for  sanitary,  police 
or  other  municipal  or  economic  purposes,  over  the  rights  of  wav 
herein  granted,  is  specially  reserved  to  the  city  of  Galveston,  and 
in  constructing  and  maintaining  said  tracks  said  companv  shall, 
as  far  as  practicable,  restore  the  streets  to  the  condition  in  which 


408 


Appendix.  Chap.  XCV. 

they  now  are,  and  shall  at  all  intersections  of  streets  erect  and 
maintain  suitable  and  sufficient  crossings  over  said  tracks. 

Sfx.  6.  That  said  railroad  company  undertakes  to  hold  the 
city  of  Galveston  harmless,  and  indemnify  it  against  all  suits, 
costs,  expenses  and  damages  that  may  arise  or  grow  out  of  this 
grant,  or  by  reason  of  its  occupation  and  use  of  the  right  of  way 
herein  granted. 

Sec.  7.  That  in  the  event  said  railroad  company  shall  pro- 
ceed to  construct,  maintain  and  operate  a  railway  over  the  right 
of  way  herein  granted,  then  any  other  railway  company  desiring 
to  participate  in  the  ownership  and  operation  of  the  same  may  do 
so  by  paying  an  equal  pro  rata  of  the  cost  of  said  railroad  over 
said  right  of  way ;  and  in  case  said  railway  companies  cannot 
agree  upon  the  costs  of  said  railroad,  or  upon  terms  satisfactory 
among  themselves,  then  the  same  shall  be  determined  by  a  board 
of  arbitration,  consisting  of  one  arbitrator  to  be  appointed  by 
the  city  council  of  the  city  of  Galveston,  and  one  arbitrator  to 
be  appointed  b}'  the  railway  company  or  companies  owning  or 
operating  the  same,  and  in  case  of  the  disagreement  of  said  arbi- 
trators, they  shall  appoint  an  umpire  to  decide  the  matter.  And 
should  the  said  railway  company  or  companies  refuse  to  appoint 
an  arbitrator  when  applied  to,  then  in  that  case  the  city  council 
shall  appoint  two  arbitrators,  who  shall  proceed  to  determine  the 
matter  as  hereinbefore  provided.  It  is  the  object  of  this  section 
to  make  a  general  railroad  over  the  right  of  way  herein  granted, 
to  the  end  that  all  railway  companies  that  may  nor  or  hereafter 
terminate  in  Galveston,  so  desiring,  may  acquire  equal  rights  in 
the  owmership  and  operation  of  said  railroad. 

Passed  under  a  suspension  of  the  rules  at  a  regular  meeting 
of  the  city  council,  held  October  3,  1898. 


CHAPTER  XCV. 

GRANT   TO    THE   nALVESTON,    HOUSTON    AND    HENDERSON    RAILROAD 

COMPANY. 

Section  i.  That  there  is  hereby  granted  to  the  Galveston, 
Houston  and  Henderson  Railroad  company  of  1882  the  right  of 
wav  for  the  railway  tracks  of  said  company  and  for  maintaining 

409 


Chap.  XCYIL  Appendix. 

and  operating  a  steam  railway  thereon,  with  the  necessary  side- 
tracks and  switches,  in  the  city  of  Galveston,  Texas,  as  follows  : 
Over  and  along  Thirty-fifth  street  from  the  south  side  of  Avenue 
C  to  Avenue  B  and  to  a  connection  over  and  along  said  Avenue 
B  with  the  tracks  of  the  Gulf,  Colorado  and  Santa  Fe  Railway 
company  on  said  Avenue  B,  between  Thirty-fourth  and  Thirty- 
fifth  streets. 

Sec.  2.  The  grant  herein  made  shall  extend  only  to  so  much 
of  the  said  streets  as  the  city  of  Galveston  has  a  right  to  grant  to 
railroads  under  the  laws  of  the  State  of  Texas. 

Sec.  3.  The  rights,  duties  and  obligations  of  said  railroad 
company  over  the  right  of  way  herein  granted  shall  l)e  governed 
by  the  laws  of  the  State  of  Texas  and  by  the  charter  provisions 
of  said  railroad  company,  and  as  otherwise  provided  in  this  or- 
dinance. 

Sec.  4.  The  right  to  regulate  the  grade  of  said  tracks  for 
sanitary,  police  or  other  municipal  or  economic  purposes,  over 
the  right  of  way  herein  granted,  is  specially  reserved  to  the  city 
of  Galveston ;  and  in  constructing  and  maintaining  said  tracks, 
said  company  shall  restore  the  streets  to  the  condition  in  which 
they  now  are,  and  shall  at  all  intersections  of  streets  erect  and 
maintain  suitable  and  sufficient  crossings  over  said  tracks. 

Sec.  5.  That  said  railway  company  undertakes  to  hold  the 
city  of  Galveston  harmless  and  indemnify  it  against  all  suits, 
costs,  expenses  and  damages  that  may  arise  or  grow  out  of  this 
grant,  or  by  reason  of  its  occupation  and  use  of  the  right  of  way 
herein  granted. 

lApprovetl  May  21,  1901 

CHAPTER  XCVir. 

GRANT  TO   COLIJS    P.    IIUXTTXGTOX. 

Whereas.  Collis  P.  Huntington  has  contracted  for  the  pur- 
chase of  the  property  hereinafter  more  particularly  referred  to, 
subject  to  the  approval  of  the  title  by  counsel ;  and 

Whereas,  One  of  the  conditions  of  such  purchase  is  that 
when  the  city  of  Galveston  shall  have  closed  the  streets,  avenues 
and  alleys,  if  any,  northerly  from  Avenue  B.  in  the  city  of  Gal- 
veston, and  lying  between  the  westerly  line  of  block  700  and  its 

410 


Appendix.  Chap.  XCVIl. 

prolongation  in  a  northerly  direction,  and  the  westerly  line  of 
block  710  and  its  prolongation  in  a  northerly  direction,  and  when 
through  and  by  means  of  such  acts  of  congress,  acts  of  the  leg- 
islature of  the  State  of  Texas  and  ordinances  and  conveyances 
from  the  city  of  Galveston,  if  any,  as  may  be  requisite  for  the 
purpose,  the  right  has  been  secured  to  the  said  C.  P.  Huntington, 
or  his  heirs  or  assigns,  to  construct  piers  as  he  or  they  may  from 
time  to  time  determine,  northerly  from  said  Avenue  B,  and  from 
points  between  said  westerly  line  of  block  700  and  said  westerly 
line  of  block  710  to  the  harbor  line  of  1897,  and  to  dredge  be- 
tween and  on  the  sides  of  such  piers  and  northerly  and  north- 
easterly therefrom  and  from  said  harbor  Hne  of  1897,  so  as  to 
permit  the  securing  of  at  least  twenty-five  feet  of  water  at  mean 
low  water  between  and  beside  such  piers,  and  northerly  and 
northeasterly  therefrom,  and  so  as  to  secure  a  connection  by  a 
continuous  channel  twenty-five  feet  in  depth  at  mean  low  water 
from  said  piers  to  the  Gulf  of  Mexico,  and  to  permit  steamers 
of  at  least  five  hundred  feet  in  length  and  fifty  feet  beam,  and 
drawing  at  least  twenty-five  feet  of  water,  to  conveniently  go  at 
mean  low  water  from  the  waters  of  the  Gulf  of  Mexico  to  and  lie 
alongside  said  piers,  then  and  in  that  event,  the  said  C.  P.  Hunt- 
ington, his  heirs  or  assigns,  will,  within  six  months  thereafter, 
commence  the  construction  of  terminal  facilities  upon  said  prop- 
erty for  the  use  of  what  are  commonly  called  the  Southern  Pacific 
Railroad  and  Steamship  Systems,  and  will,  within  two  years 
thereafter,  expend  at  least  the  sum  of  one  hundred  and  fifty 
thousand  dollars  ($150,000)  in  the  construction  of  such  piers 
and  such  dredging,  and  in  the  construction  of  depots  and  other 
terminal  facilities  for  what  are  commonly  called  the  Southern 
Pacific  Railroad  and  vSteamship  Systems,  their  successors  or  as- 
signs ;  and 

'Whe^rEas,  No  streets,  avenues  or  alleys  have  ever  been  here- 
tofore opened,  constructed  or  utilized  on  or  through  the  said 
property  above  referred  to,  and  hereinafter  more  particularly  de- 
scribed, and  no  streets,  avenues  or  alleys  have  ever  been  hereto- 
fore laid  out  or  designated  or  recognized  by  the  city  of  Galves- 
ton or  the  owners  of  property  northerly  of  the  north  line  of  said 
blocks  from  700  to  710,  inclusive,  but  the  said  property,  or  the 

411 


Chap.  XCVII.  Appendix. 

oreater  part  thereof,  is  and  has  ever  been  under  the  waters  of 
Galveston  bay ;  and 

Whereas,  It  is  greatly  to  the  interest  of  the  city  of  Galves- 
ton and  its  inhabitants  that  the  work  and  improvements  con- 
templated by  said  C.  P.  Huntington  and  his  assigns  should  be 
performed,  and  it  is  necessary  to  said  work  and  improvements 
and  to  the  proper  utility  of  the  said  property  for  such  purposes 
that  there  should  be  no  streets,  avenues  or  alleys  opened  through 
and  across  said  property ;  now.  therefore. 

Be  if  ordained  by  the  city  council  of  the  city  of  Galz'cston,  as 

follows : 

Section  i.  That  any  or  all  streets,  avenues  or  alleys,  if  any, 
heretofore  opened,  laid  out  or  in  any  manner  designated  upon, 
through  or  across  the  following  described  property  in  the  city 
of  Galveston,  to-wit :  Beginning  at  the  southwesterly  corner 
of  block  710;  thence  along^  the  westerly  line  of  block  710  and 
the  prolongation  thereof  in  a  straight  line  in  a  northerly  direction 
2860  feet,  more  or  less,  to  the  six-feet  contour  in  Galveston  bay ; 
thence  in  an  easterlv  direction  along  said  contour  to  a  point 
thereon  where  it  would  be  intersected  bv  tlie  prolongation  of  the 
westerly  line  of  block  700,  if  continued  in  a  straight  line ;  thence 
in  a  southerly  direction  along  said  prolongation  thereof  and  the 
westerly  line  of  block  700  to  the  southwesterly  corner  of  said 
block  700;  thence  in  a  westerly  direction  along  Avenue  B  3800 
feet,  more  or  less,  to  the  place  of  beginning,  the  same  including 
all  of  blocks  701  to  710.  both  inclusive,  together  with  the  lands 
and  lands  under  water  lying  northerly  of  said  Avenue  B  between 
the  westerly  line  of  said  block  7(X)  and  the  prolongation  thereof 
above  mentioned  and  the  westerly  line  of  said  l)lock  710  and  the 
l)rolongation  thereof  above  mentioned  to  the  southerly  boundary 
line  of  the  six  feet  contour  above  referred  to ;  and  also  upon, 
through  or  across  the  lands  under  water  and  property  lying  be- 
tween the  property  above  descrilx'd  and  the  harbor  line  of  1897, 
or  the  harbor  line  as  it  may  be  changed  from  time  to  time,  be 
and  the  same  are  each  and  all  hereby  perpetually  abandoned,  dis- 
continued and  closed. 

Sec.  2.  That  said  Collis  P.  Huntington,  his  heirs  or  assigns, 
be  and  they  are  hereby  authorized  and  empowered  and  granted 

412 


I 


Appendix.  Chap.  XCVII. 

the  right  perpetually  to  construct  and  maintain  piers  as  he  or 
they  may  from  time  to  time  determine  upon  the  property  dc- 
scrihed  by  metes  and  bounds  in  the  preceding  section  hereof, 
and  upon  the  property  lying  and  situated  between  the  same  and 
the  harbor  line  of  1897,  and  to  dredge  between  and  on  the  sides 
of  such  piers  and  northerly  and  northeasterly  therefrom  and 
from  said  harbor  line  of  1897,  so  as  to  permit  the  securing  of  at 
least  twenty-five  feet  of  water  at  mean  low  water  between  and 
beside  such  piers  and  northerly  and  northeasterly  therefrom,  and 
so  as  to  secure  a  connection  l)y  a  continuous  channel  twenty-five 
feet  in  depth  at  mean  low  water  from  said  piers  to  the  Gulf  of 
Mexico  and  to  permit  steamers  of  at  least  five  hundred  feet  in 
length  and  fifty  feet  beam,  and  drawing  at  least  twenty-five  feet 
of  water,  to  conveniently  go  at  mean  low  water  from  the  waters 
of  the  Gulf  of  Mexico  to  and  lie  alongside  of  said  piers,  and  to 
maintain  the  same ;  and  to  construct  and  maintain  upon  said  prop- 
erty terminal  facilities  for  the  use  of  what  are  commonly  called 
the  Southern  Pacific  Railroad  and  Steamship  Systems,  their  suc- 
cessors or  assigns. 

Sec.  3.  The  grant  hereby  made  and  all  of  the  rights  and  priv- 
ileges hereby  conferred  are  subject  to  and  upon  the  following 
conditions,  viz. : 

First — That  the  said  C.  P.  Huntington,  his  heirs  or  assigns, 
shall,  within  six  months  from  the  ratification  and  approval  of  this 
ordinance  and  the  confirmation  of  the  grant  made  and  the  rights 
conferred  by  it  by  the  legislature  of  the  State  of  Texas,  and 
the  passage  of  such  acts  of  congress,  if  any,  as  may  be  requisite 
for  the  purpose,  commence  the  construction  of  terminal  facilities 
upon  the  property  hereinbefore  referred  to  for  the  use  of  what 
are  commonly  called  the  Southern  Pacific  Railroad  and  Steamship 
Systems,  and  shall,  within  two  years  thereafter,  expend  at  least 
the  sum  of  one  hundred  and  fifty  thousand  dollars  ($150,000) 
in  the  construction  of  such  piers  and  such  dredging,  and  in  the 
construction  of  depots  and  other  terminal  facilities  for  what  are 
commonly  called  the  Southern  Pacific  Railroad  and  Steamship 
Systems,  their  successors  or  assigns. 

Second- — That  if  the  said  C.  P.  Huntington,  his  heirs  or  as- 
signs, shall  charge  wharfage  for  the  use  of  such  piers  or  other 

413 


Chap.  XCVIIL  Appendix. 

facilities  upon  said  property,  except  in  so  far  as  wharf  service 
may  be  covered  by  the  freight  rate,  all  such  wharfage  shall  be 
subject  to  the  regulation  of  the  Railroad  Commission  of  Texas, 
but  this  shall  not  be  so  construed  as  to  permit  or  allow  any  other 
person  or  corporation  to  use  said  property  or  any  portion  thereof 
without  the  consent  of  said  C.  P.  Huntington,  his  heirs  or  assigns, 
owning  the  same  at  the  time. 

Passed  under  a  suspension  of  the  rules  at  an  adjourned  called 
meeting,  held  February  4,  1899. 


CHAPTER   XCVni. 

GRANT  TO  COLLIS  P.   HCNTINGTOX. 

Suction  i.  That  there  be  and  is  hereby  granted  to  Collis  P. 
Huntington,  his  heirs  or  assigns,  the  right  to  locate,  construct, 
own  and  operate  railway  tracks  on  and  along  Avenue  B  and 
across  streets  and  alleys  intersecting  Avenue  B  from  the  westerly 
limits  of  the  City  of  Galveston  to  the  easterly  line  of  Forty-first 
street,  with  necessary  sidetracks  and  switches. 

Skc.  2.  The  grant  herein  made  shall  embrace  only  so  much 
of  the  streets  and  alleys  as  the  city  of  Galveston  has  the  right, 
under  the  laws  of  Texas,  to  grant  for  such  purposes,  and  shall 
not  include  any  right  to  enter  upon  private  property  without 
the  consent  of  the  owner  thereof,  or  without  condemnation  of  the 
same  in  accordance  with  the  laws  of  the  State  of  Texas. 

Sec.  3.  The  rights,  duties  and  obligations  of  the  grantee 
herein,  his  heirs  and  assigns,  over  the  right  of  way  herein  granted 
shall  be  governed  by  the  general  laws  of  the  State  when  not 
otherwise  provided  in  this  ordinance. 

Sec.  4.  That  the  right  to  regulate  the  grade  of  said  tracks 
and  crossings  over  the  same  at  streets  and  alleys  and  for  sanitary, 
police  or  other  municipal  purposes,  over  the  right  of  way  herein 
granted  is  specially  reserved  to  the  city  of  Galveston;  and  in 
co;istructing  and  maintaining  said  tracks  the  grantee  herein,  his 
heirs  and  assigns,  shall,  as  far  as  practicable,  restore  the  streets 
to  the  condition  in  wdiich  they  now  are  and  shall  at  all  intersec- 
tions of  streets  erect  and  maintain  suitable  and  sufficient  cross- 
ings over  said  tracks ;  that  the  grantee  herein,  his  heirs  and  as- 

414 


Appfjndix.  Chap.  XCTX. 

signs,  constructing-  or  owning  said  tracks  at  the  time,  shall  hold 
the  city  of  Galveston  harmless  and  indemnify  it  against  all  suits, 
damages,  expenses  and  costs  that  may  arise  or  grow  out  of  this 
grant,  or  by  reason  of  the  occupation  and  use  of  the  right  of  way 
herein  granted. 

Sec.  5.  That  the  grantee  herein,  his  heirs  or  assigns,  con- 
structing or  owning  saicl  tracks  at  the  time,  shall  be  required  to 
construct  and  maintain  all  necessary  culverts  and  drains  under 
said  tracks  at  such  places  as  may  be  designated  by  written  order 
of  the  city  engineer,  or  by  resolution  of  the  city  council ;  and 
upon  neglect  or  failure  of  said  grantee,  his  heirs  or  assigns,  to 
construct  and  maintain  such  culverts  and  drains  after  reasonable 
notice,  the  city  of  Galveston  shall  have  the  right  to  cause  them 
to  be  constructed  or  put  in  proper  condition  and  repair  at  the 
cost  and  expense  of  the  said  grantee,  his  heirs  or  assigns,  own- 
ing the  said  tracks  at  the  time,  and  recover  such  costs  and  ex- 
penses from  them. 

Sec.  6.  That  the  rights  herein  and  hereby  granted  are  ex- 
pressly subject  to  each  and  all  the  conditions  set  forth  in  section 
3  of  ordinance  entitled  "An  ordinance  abandoning,  discontinuing 
and  closing  certain  streets,  avenues  and  alleys  of  the  city  of 
Galveston,  and  authorizing  and  empowering  Collis  P.  Hunting- 
ton, his  heirs  or  assigns,  perpetually  to  construct  and  maintain 
piers  on  the  shores  of  Galveston  bay  within  the  corporate  lim- 
its of  the  city  of  Galveston  upon  certain  specified  conditions." 
passed  February  4th,  1899. 

Sec.  7.  That  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Read  first  time  April  3d,  1899.  Read  second  time  and  passed 
May  1st,  1899. 

[Approved  May  2,  1899. 

CHAPTER  XCIX. 

GRANT   TO   THE    UNITED   .STATES. 

Section  i.  That  the  right  of  way,  together  with  the  right, 
l)rivilege  and  license  of  constructing,  maintaining  and  operating 
a  railway  track,  with  all  necessary  and  convenient  switches,  side- 
tracks and  connections,  is  hereby  granted  to  the  United  States 

415 


Chap.  XCIX.  Appendix. 

of  America  upon,  over  and  along  the  following  named  avenues 
and  streets,  to-wit :  Beginning  at  a  point  on  Avenue  Q,  at  or 
near  the  track  of  the  Galveston  and  Western  Railway  company, 
to  run  thence  upon,  over  and  along  said  Avenue  Q  and  Forty- 
fifth  street,  to  the  United  States  government  reservation,  together 
with  the  right  to  construct,  extend,  maintain  and  operate  a  railway 
thereon,  for  the  purpose  of  making  connection  with  existing  rail- 
ways, so  as  to  give  access  to  the  said  United  States  government 
reservation. 

Sue.  2.  The  grant  hereby  made  shall  extend  only  to  such 
portions  of  said  avenues  and  streets  as  the  said  city  of  Galveston 
has  the  right  to  grant  under  the  laws  of  the  State  and  under  the 
charter  and  ordinances  of  the  city  of  Galveston. 

Sec.  3.  The  grant  hereby  made  is  done  with  the  express 
stipulation  and  agreement  that  said  United  States  of  America  will 
hold  the  city  of  Galveston  harmless  and  indemnify  it  against  all 
suits  of  whatsoever  nature,  costs,  damages,  claims  and  expenses 
that  may  arise  or  grow  out  of  the  execution  aiul  use  by  said 
United  States  of  America  of  the  right  of  way  and  franchise  here- 
by granted. 

Sfic.  4.  The  rights,  duties  and  obligations  over  the  right  of 
way  hereby  granted  shall  be  governed  and  controlled  by  the 
general  laws  of  the  State  of  Texas  and  the  charter  and  ordinances 
of  the  city  of  Galveston,  as  they  now  are  or  may  hereafter  be. 
and  the  right  to  establish  and  regulate  the  grade  and  location  of 
said  track,  and  the  character  and  dimensions  of  all  crossings,  pro- 
tection and  drainage  of  the  same  for  sanitary,  police  or  economic 
purposes,  is  hereby  reserved  to  the  city  of  Galveston,  and  all 
crossings  to  be  constructed  and  be  mad<'  and  built  from  curb  line 
to  curb  line. 

Sec.  5.  That  this  ordinance  shall  take  effect  and  l)e  in  force 
from  and  after  the  date  of  its  passage. 

Passed  under  a  suspension  of  the  rules  at  regular  meeting  of 
city  council,  held  March  21,  1898. 


416 


Appendix.  Chap.  C. 

CHAPTER  C. 

GRANT    TO   THE    UNITED    STATES. 

Granting-   Rights   to    Certain    Streets    in   Denver   Re-survey    for 
United  States  Government  Forts. 

Whereas,  The  United  States  government  is  desirous  of  ac- 
quiring title  to  certain  lands  in  the  city  of  Galveston,  county 
of  Galveston,  for  the  purpose  of  erecting  forts,  fortifications 
and  other  improvements  for  the  national  defense,  which  said 
properties  are  intersected  by  streets  of  the  city  of  Galveston ;  and 

Whereas,  Said  property  cannot  be  used  for  the  purposes  in- 
tended by  the  United  States  of  America  until  the  title  and  use 
of  the  lands  embraced  in  said  streets  intersecting  and  bounding 
said  property  can  be  obtained ;  and 

Whereas,  By  virtue  of  the  platting  of  said  land  into  city  lots, 
blocks  and  outlots,  and  the  laying  ofif  of  streets  through  said 
property  has  effected  a  dedication  and  donation  of  said  lands 
embraced  in  said  streets  to  a  public  use;  and 

Whereas,   The  city  council  of  the  city  of   Galveston  recog- 
nizes the  necessity  of  fortifying  of  said  city  by  the  United  States 
government ;  now,  therefore. 
Be  it  ordained  by  the  city  eouncil  of  the  city  of  Galveston  as 

folloivs : 

Section  i.  That  the  United  States  of  America  is  hereby 
authorized  and  empowered  to  acquire  title  to  any  lots  or  parcels 
of  lands  situate  within  the  corporate  limits  of  the  city  of  Gal- 
veston, which  may  or  shall  become  necessary  for  the  fortifying 
of  the  port  of  Galveston,  and  the  protection  thereof  against  its 
enemies,  and  to  this  end  it  is  specially  ordained  that  any  and  all 
streets,  alleys  or  other  public  highways  which  may  intersect 
or  separate  any  lots  or  parcels  of  land  which  the  United  States 
of  America  may  desire  to  purchase,  are,  together  with  the  use 
of  the  same,  hereby  ceded  to  the  United  States  of  America  for 
its  permanent  use.  and  the  said  United  States  of  America  is 
hereby  fully  authorized  to  close  any  and  all  of  said  streets  by 
vvralls,  fences,  fortifications  or  other  impediments  to  the  public 
use  which  the  said  United  States  of  America  may  deem  neces- 
sary in  order  to  assure  the  full  use,  enjoyment  and  control  of  said 
property  purchased  by  the  United  States  of  America,  including 

417 


Chap.  CI.  Appendix. 

said  streets,  and  to  exclude  the  public  from  entry  thereon,  and 
the  full  use,  control  and  management,  including  the  right  to 
build  and  construct  any  and  all  such  buildings  and  improvements, 
earthworks,  fortifications  or  any  other  class  of  improvements 
without  further  permission  from  the  city  of  Galveston,  is  hereby 
expressly  conceded  to  the  said  I^iited  States  of  America. 
Passed  February  lo,  1897. 


CHAPTER    CI. 

LOCATING    SITE    FOR   AN    ARMY    POST    IN    THE    CITY    OF    GALVESTON, 
AND   TO   CONSTRUCT   ROADS   THERETO. 

Whereas,  It  is  contemplated  that  the  United  States  govern- 
ment will  select  and  locate  one  or  more  sites  for  post  at  or  near 
Fort  Point,  whereon  to  establish  the  necessary  buildings  for  the 
accommodation  of  one  or  more  batteries  for  the  protection  of  the 
harbor  and  port  of  the  city  of  Galveston ;  and 

Whereas,  It  is  the  intention  of  the  city  council  of  the  city  of 
Galveston,  as  far  as  possible,  to  facilitate  the  establishment  of 
such  posts  by  removing  any  and  all  objectionable  features  which 
may  now  exist  on  the  grounds  proposed  to  be  occupied  by  such 
post,  and  to  prevent,  as  far  as  possible,  hereafter  the  erection  of 
any  objectionable  buildings  at  or  near  said  site,  which  may  inter- 
fere with  the  plans  of  the  United  States  government ;  therefore, 

Be  if  ordained  by  the  city  council  of  the  city  of  Galveston  as 

follozvs  : 

Section  i  .  That  the  consent  of  the  city  of  Galveston,  in  so  far 
as  the  same  may  be  required  or  may  be  appropriate,  is  hereby 
given  to  the  construction  of  such  road  or  roads  as  may  be  neces- 
sary and  convenient  for  the  use  of  such  post,  over  and  along  any 
of  the  streets,  public  grounds,  over  which  the  city  of  Galveston 
has  control,  so  as  to  provide  for  convenient  and  easy  access  from 
said  post  into  the  city  of  Galveston;  such  road  or  roads  to  be 
constructed  in  accordance  with  the  rules  and  regulations  of  the 
city  of  Galveston  governing  such  matter,  and  with  the  co-opera- 
tion of  the  city  engineer  of  said  city. 

Sec.  2.  That  the  pest  house  under  the  control  of  the  city  of 
Galveston,  now  located  southeast  of  the  Quarantine  station,  on 

418 


Appendix.  Chap.  CII. 

the  east  end  of  Galveston  island,  and  just  south  of  the  proposed 
location  of  such  post,  shall  be  removed  and  abolished,  and  here- 
after no  pest  house  or  other  buildings  devoted  to  similar  purposes 
shall  be  located  or  placed  near  such  government  post ;  but  the 
same  shall  be  located  at  some  other  point  in  Galveston  county 
which  will  in  no  way  endanger  the  health  of  the  occupants  of 
such  post,  after  the  same  is  established. 

Sec.  3.  That  hereafter  no  building  or  buildings  will  be  al- 
lowed to  be  erected  at  or  near  the  said  government  reservation, 
where  said  post  is  proposed  to  be  established,  and  the  said  city  of 
Galveston  will,  as  far  as  possible,  prevent  the  erection  of  any  such 
building  or  the  establishment  or  maintenance  of  any  business  or 
occupation  w^iich  may  be  objectionable  to  the  officer  commanding 
said  post,  and  the  said  city  of  Galveston  will,  as  and  when  re- 
quired by  such  commanding  officer,  endeavor,  as  far  as  may  be,  to 
abate,  prevent  and  prohibit  all  such  objectionable  occupations, 
business  or  dwellings  at  or  near  the  proposed  location  of  said  fort. 

Sec.  4.  That  this  ordinance  shall  take  efifect  and  be  in  force 
from  and  after  the  date  of  its  passage. 

Passed  under  a  suspension  of  the  rules  at  meeting  of  the 
city  council  held  March  7,  1898. 


CHAPTER   CIL 

AUTHORIZING  AND  EMPO\VERING  THE   UNITED   STATES  OF  AMERICA 
TO  ACQUIRE  TITEE  TO  ANY  LOTS  OR  PARCELS  OE  LAND  SITUATED 
WITHIN  THE  CORPORATE  LIMITS  OF  THE  CITY  OE 
GALVESTON,  WHICH  IT  MAY  DEEM  NECES- 
SARY FOR  THE  PURPOSE  OF  PROVIDING 
BARRACKS    AND    OTHER    NEEDFUL 
BUILDINGS     FOR     MILITARY 
PURPOSES,  ETC. 

Whereas,  The  United  States  Government  is  desirous  of  ac- 
quiring title  to  certain  lands  in  the  city  of  Galveston,  county  of 
Galveston,  State  of  Texas,  for  the  purpose  of  erecting  barracks, 
forts,  fortifications  and  other  needful  buildings  for  military  pur- 
poses, fortifications  and  improvements  for  national  defense,  which 
said  properties  are  intersected  by  streets,  avenues  and  alleys  of 
the  city  of  Galveston,  which  said  properties  are  located  in  that 

419 


Chap.  CII.  Appendix. 

portion  of  the  city  of  Galveston  known  as  the  Denver  Resurvey, 
and  consist  of  outlets  numbered  203,  204:,  228,  229,  253,  25-i,  to- 
gether with  the  strip  of  beach  and  streets  intervening,  lying  di- 
rectly south  of  said  outlots,  including  Forty-ninth  street ;  and, 

WhkrEas,  The  said  property  cannot  be  used  for  the  purposes 
intended  by  the  United  States  Government  until  the  title  and  use 
of  the  land  embraced  in  said  streets,  avenues  and  alleys  intersect- 
ing said  outlots  hereinbefore  set  forth  can  be  obtained ;  and, 

Whereas,  Bv  virtue  of  the  plotting  of  said  lands  into  city  lots, 
blocks  and  outlots  and  the  laying  off  of  the  streets,  avenues  and 
alleys  through  said  property  has  effected  a  dedication  and  dona- 
tion of  said  land  embraced  in  said  sireets,  avenues  and  alleys  to  a 
public  use ;  and. 

Whereas,  The  City  Council  of  the  city  of  Galveston  recognizes 
the  necessity  of  providing  barracks  and  other  needful  buildings 
for  military  purposes,  and  also  for  the  purpose  of  fortifying  said 
city  by  the  United  States  Government ;  now,  therefore. 

Be  it  ordai)icd  by  the  eity  eomicil  of  tJie  city  of  Galz'estoii  as 
follozvs : 

That  the  United  States  of  America  is  hereby  authorized  and 
empowered  to  acquire  title  to  any  lots  or  parcels  of  land  situated 
v/ithin  the  corporate  limits  of  the  city  of  Galveston  which  it  may 
deem  necessary  for  the  purpose  of  providing  barracks  and  other 
needful  buildings  for  military  purposes,  also  for  the  purpose  of 
fortifying  the  port  of  Galveston  and  the  protection  thereof  against 
its  enemies,  and  to  this  end  it  is  here  now  especially  ordained  that 
any  and  all  streets,  avenues  and  alleys  or  other  public  highways 
which  may  intersect  or  separate  any  or  all  of  the  lots  or  parcels 
of  land  which  the  United  States  of  America  may  desire  to  pur- 
chase as  hereinbefore  set  forth  are,  together  with  the  use  of  the 
same,  hereby  ceded  to  the  United  States  of  America  for  its  said 
permanent  use  and  control. 

And  the  United  States  of  America  is  hereby  fully  authorized  to 
close  any  and  all  of  said  streets,  avenues  and  alleys  by  wall,  fence, 
fortifications  or  other  impediment  to  public  use,  which  it  may 
deem  necessary  in  order  to  assure  the  full  enjoyment  and  control 
of  said  property  to  it,  the  said  United  States  of  America,  includ- 
nig  said  street,  and  to  exclude  the  public  from  entry  thereon  and 

420 


Api'Exdix.  Chap.  CIII. 

tlie  full  use.  control  aiul  management,  including  the  right  to  build 
and  construct  any  and  all  such  building  and  improvements,  earth 
works,  fortifications  or  any  other  class  of  improvements  upon  said 
streets,  avenues  and  alleys  without  further  permission  from  the 
city  of  Galveston ;  and  the  same  are  hereby  expressly  ceded  to 
the  said  United  States  of  America ;  the  said  streets,  avenues  and 
alleys  herein  referred  to  are  Fifty-second  street,  south  of  the 
south  side  of  Avenue  U  to  the  Gulf  of  Mexico;  Fifty-first 
street,  south  of  the  south  side  of  Avenue  U  to  the  Gulf  of 
^Mexico;  Fiftieth  street,  from  the  south  side  of  Avenue  U  south 
to  the  Gulf  of  jMexico,  and  Forty-ninth  street,  south  of  the  south 
side  of  Avenue  U  to  the  Gulf  of  Mexico,  together  with  Ave- 
nues U^.,  y,  V5<,  W,  W^  and  X,  respectively,  from  the  east 
side  of  Fifty-third  street  to  the  east  side  of  Forty-ninth  street, 
together  with  all  the  alleys  situated  in  said  outlots  hereinbefore 
numbered. 

[Approved  April  14,  1900. 

CHAPTER  CIII. 

AiMEiXDING  THE  GRANT  TO  THE  UNITED  STATES  OE  AMERICA  OF  PART 
OF  PEIJCAN  FEATS. 

Whereas,  The  Government  of  the  United  States  is  desirous 
of  e.sjtablishing  a  coal  depot  and  supply  station  for  naval  purposes 
in  Galveston  Harbor,  and  recognizing  the  importance  of  such  an 
undertaking,  both  as  to  accessibility  of  Galveston  for  naval  pur- 
poses, and  the  prominence  the  sanie  would  give  to  this  port,  and 
in  recognition  of  the  many  favors  extended  Galveston  by  the  fed- 
eral government,  the  city  of  Galveston,  in  response  to  a  letter  of 
Hon.  J.  D.  Long,  Secretary  of  the  Navy,  dated  June  13,  1900, 
does  hereby  tender  to  the  Government  of  the  United  States  that 
certain  parcel  or  tract  of  land  at  the  northeast  corner  of  Pelican 
Flats  for  a  naval  supply  depot  and  coaling  station,  commencing 
as  follows:  Commencing  at  the  northeast  corner  (see  Exhibit 
"D,"  Civil  Engineer  Cunningham's  report,  dated  May  28,  1900) 
of  Pelican  Flats,  at  point  A,  and  extending  south  15  degrees  33 
minutes  and  31  seconds  west  2000  feet;  thence  north  61  degrees 
west  1500  feet;  thence  north  15  degrees  33  minutes  and  31  sec- 
onds east  2000  feet;  thence  south  61  degrees  east  1500  feet  to 
the  initial  point  A. 

31-  421 


Chap.  CIIIa.  Appendix. 

This  cession  is  made  upon  the  understanding  that  the  Navy 
Department  will  recommend  to  Congress  at  its  next  session  the 
appropriation  of  a  sufficient  sum  of  money  to  bulkhead  the 
corner  A  to  the  extent  of  2500  feet,  and  fill  in  in  the  rear  of 
same  to  a  level  of  at  least  750,000  square  feet  or  more.  Should 
the  bulkheading  and  filling  not  be  provided  for  or  be  in 
progress  within  three  years  from  the  date  of  granting  the 
cession,  the  property  to  revert  to  the  city. 

[Aijproved  August  21, 1900 

CHAPTER  CIIIa. 

MAKING   GRANT   TO   THIJ   UNITED   .STATES   OF   AMERICA   OF   PART   OF 

PELICAN   FLATS. 

Whereas,  The  Government  of  the  United  States  is  desirous  of 
establishing  a  coal  depot  and  supply  station  for  naval  purposes  in 
Galveston  Harbor,  and  recognizing  the  importance  of  such  an 
undertaking,  both  as  lo  the  accessibility  of  Galveston  for  naval 
purposes  and  the  prominence  the  same  would  give  to  this  port, 
and  in  recognition  of  the  many  favors  extended  Galveston  by  the 
federal  government ;  the  city  of  Galveston,  in  response  to  a  letter 
of  Hon.  J.  D.  Long,  Secretary  of  the  Xavy,  dated  June  13,  1900, 
does  hereby  tender  to  the  Government  of  the  United  States  that 
certain  parcel  or  tract  of  land  at  the  northeast  corner  of  Pelican 
Flats  for  a  naval  supply  depot  and  coaling  station,  commencing 
as  follows:  Commencing  at  the  northeast  corner  (see  Exhibit 
"D,"  Civil  Engineer  Cunningham's  report,  dated  May  28,  1900) 
of  Pelican  Flats,  at  point  A,  and  extending  south  15  degrees  33 
minutes  and  31  seconds  west  2000  feet;  thence  north  69  degrees 
west  1500  feet;  thence  north  15  degrees  33  minutes  and  31  sec- 
onds east  2000  feet;  thence  south  61  degrees  east  1500  feet  to 
the  initial  point  A.  This  cession  is  made  upon  the  understanding 
that  the  Navy  Department  will  recommend  to  Congress  at  its 
next  session  the  appropriation  of  a  sufficient  sum  of  money  to 
bulkhead  the  corner  A  to  the  extent  of  2500  feet,  and  fill  in  in  the 
rear  of  same  to  a  level  of  at  least  750,000  square  feet  or  more. 
Should  the  bulkheading  and  filling  not  be  provided  for  or  be  in 
progress  within  three  years  from  the  date  of  granting  the  cession, 
the  property  to  revert  to  the  city. 

[Approved  June  1!>,  1900. 
422 


Appendix.  Chap.  CIV. 

CHAPTER  CIV. 

GRANT  TO  CHAS.    CLARKE  AND   HIS  ASSOCIATES. 

Section  1.  That  Charles  Clarke.  W.  A.  Hudson,  Charles  T. 
Suderman,  John  Young'  and  A.  S.  Ntewson,  and  their  associates, 
successors  and  assigns,  be  and  are  hereby  authorized  to  use  the 
streets,  alleys  and  public  grounds  of  the  city  of  Galveston  for  the 
term  of  twenty-five  years  from  the  passage  hereof  for  the  pur- 
pose of  placing  and  laying  therein  pipes,  main  and  other  conduits 
for  the  conveyance  of  oil  and  gas,  for  fuel  and  other  purposes, 
into  and  through  said  city  for  the  use  of  the  city  of  Galveston  and 
its  inhabitants,  provided  that  the  same  shall  in  no  manner  inter- 
fere with  the  drainage  of  the  city,  or  the  sewers  or  water  pipes  or 
mains,  or  other  underground  fixtures  used  for  such  purposes. 

Sec.  2.  Said  Clarke,  his  associates,  successors  and  assigns, 
are  also  authorized  to  construct  all  necessary  buildings,  tanks,  res- 
ervoirs, machinery  and  equipments  within  said  citv  for  the  proper 
and  safe  use  and  distribution  of  oil  and  gas  for  heating  and  other 
purposes,  to  be  located  at  such  places  and  to  be  of  such  character 
as  the  city  engineer  shall  approve;  and  all  work  shall  be  done  in 
such  a  manner  and  within  such  time  that  the  use  of  the  streets 
shall  not  be  interfered  with,  and  any  pavement  or  other  part  of 
any  street,  alley  or  public  ground  shall  be  restored  in  such  man- 
ner as  shall  be  acceptable  to  the  city  engineer,  and  said  grantees 
and  their  works  shall  be  subject  to  all  reasonable  police 
regulations. 

Sec.  3.  In  consideration  of  the  privileges  granted  to  said 
Clarke  and  others,  hereinbefore  expressed,  they  hereby  agree  to 
transfer  to  the  city  of  Galveston,  in  lieu  of  a  bonus,  5  per  cent, 
of  the  capital  stock  of  any  corporation  hereafter  to  l)e  formed  by 
said  grantees,  and  also  agree  to  pay  all  taxes  upon  their  property, 
whether  the  same  be  personal  or  real. 

Sec.  4.  The  grantees  hereinbefore  named  shall  in  good  faitli 
commence  the  laying  of  pipes  and  the  work  contemplated  by  this 
ordinance,  within  twelve  months  from  the  date  hereof,  failing  in 
which,  all  rights  and  privileges  hereby  granted  are  forfeited  with- 
out further  action. 

[Approved  May  1-1, 1901. 


423 


Chap.  CV.  Appendix. 

CHAPTER   CV. 

TO  PROVIDE  FOR  PLACING  THE  WIRES  OE  THE  SOUTtlWESTERN  TELE" 
GRAPEI    COMPANY   AND   TELEPHONE   COMPANY   IN    UNDER- 
GROUND  CONDUITS   WITHIN    CERTAIN   LIMITS   IN 
THE    CITY    OF    GALVESTON,    TEXAS. 

Whereas,  It  appears  to  the  City  Council  of  the  city  of  Gal- 
veston, that  it  would  conduce  to  the  puhlic  safety,  and  be  to  the 
public  advantage  that  all  electric  wires  should  be  placed,  as  far  as 
practicable,  underground;  therefore,  be  it  ordained  by  the  City 
Council  of  the  City  of  Galveston : 

Section  i.  That  the  right  and  privilege  be  and  the  same  is 
hereby  granted  to  the  Southwestern  Telegraph  and  Telephone 
Company,  its  successors  and  assigns,  to  lay,  construct,  and  main- 
tain underground  wires  enclosed  in  conduits,  to  construct  the  nec- 
essary manholes,  and  make  house  connections,  and  through  the 
public  streets  and  alleys  of  the  city  of  Galveston. 

And  as  rapidly  as  said  conduits  are  completed  and  ready  for 
use,  said  company  shall  proceed  to  remove  its  wires  from  its  poles 
and  place  them  in  said  conduits.  And  wherever  and  as  fast  as 
the  conduits  are  completed  and  the  cables  and  wires  laid  therein, 
it  shall  be  unlawful  for  any  person,  firm  or  corporation  to  main- 
tain poles  for  telephone  wires  within  the  territory  supplied  by 
said  underground  cables,  except  such  poles  as  may  be  necessary 
for  the  distribution  of  said  underground  cables  and  wires ;  and 
said  distributing  poles  shall  be  placed  so  far  as  may  be  practicable 
in  the  alleys  of  said  city. 

Sec.  2.  That  the  district  within  which  said  underground  con- 
duits shall  be  constructed  shall  be  bounded  as  follows :  On  the 
north  by  the  Bay  Front ;  on  the  east  by  Fifteenth  street ;  on  the 
south  by  Avenue  M,  and  on  the  west  by  Thirty-fifth  street. 

Sec.  3.  That  this  grant  is  made  for  the  term  of  fifty  (50) 
years,  and  upon  the  express  consideration  that  the  said  South- 
western Telegraph  and  Telephone  Company,  its  successors  and 
assigns,  shall  permit  said  city  of  Galveston  to  place  the  wires  of 
said  city  fire  alarm  telegraph  and  police  telegraph  in  said  con- 
duits, free  of  charge  to  said  city ;  and  the  necessary  space  for  said 
city  telegraph  wires  shall  be  reserved  in  said  conduits ;  and  said 
city  shall  be  permitted  to  distribute  its  said  fire  and  police  telegraph 

424 


Appendix.  Chap.  CVI. 

wires  upon  the  distributing  poles  of  said  The  Southwestern  Tele- 
graph and  Telephone  Company  without  any  charge  'to  said  city ; 
provided,  however,  that  no  electric  light  or  power  wires  shall  ever 
be  placed  in  said  conduits. 

Sec.  4.  That  the  said  The  Southwestern  Telegraph  and  Tele- 
phone Company  shall  file  with  the  mayor  of  said  city  its  written 
acceptance  of  the  provisions  of  this  ordinance  and  shall  agree  to 
save  the  city  of  Galveston  harmless  from  any  claims  for  daniiages 
arising  from  the  work  of  construction  or  maintaining  said  con- 
duits ;  and  any  and  all  pavements,  curbings,  sidewalks  and  street 
intersections  at  any  time  or  for  any  purpose  whatever  torn  or 
displaced  by  said  The  Southwestern  Telegraph  and  Telephone 
Company  shall  be  properly  and  safely  replaced  at  the  expense 
of   said   company. 

Sec.  5.  That  the  said  The  Southwestern  Telegraph  and  Tele- 
phone Company  shall  construct  within  one  year  from  its  written 
acceptance  of  this  ordinance  not  less  than  eight  thousand  (8000) 
feet  of  conduit  within  the  district  named  and  shall  thereafter  con- 
struct upon  the  order  of  the  council  further  conduits,  not  exceed- 
ing three  thousand  (3000)  feet  in  any  one  year,  and  when  such 
conduits  are  constructed  shall  proceed  to  remove  its  wires  from 
the  poles  and  place  them  therein ;  but  said  telephone  company  riLay 
lay  more  than  said  number  of  feet  of  conduits  in  said  streets,  al- 
leys and  public  grounds  of  the  city,  or  such  portions  thereof,  with 
the  permit  of  the  council,  if  it  is  desirable  or  necessary  to  do  so. 

Sec.  6.  This  ordinance  shall  take  efifect  and  be  in  force  from 
and  after  its  passage  and  upon  its  acceptance  by  the  said  The 
Southwestern  Telegraph  and  Telephone  Company. 

[Approved  Gotoher  5,  I'.IOO. 

CHAPTER  CVI. 

GRANT  TO  A.  S.  NEWSON  AND  ASSOCIATES  OE  TEEEPHQNE 
FRANCHISE. 

Section  i.  Permission  is  hereby  granted  to  A.  S.  Newson, 
Moritz  Brock  and  Gus  Lewy,  their  associates,  successors  or  as- 
signs, to  establish  a  system  of  telephones  in  the  city  of  Galveston. 

Sec.  2.  The  electric  wires  or  cables  used  for  said  telephone 
system  shall  he  underground,  as  far  as  practicable,  and  must  be 

425 


Chap.  CVII.  Appendix. 

placed  anderground  in  the  territory  bounded  as  follows :  On  the 
north  side  by  the  Bay  Front ;  on  the  east  side  by  Fifteenth  street ; 
on  the  south  side  by  Avenue  M,  and  on  the  west  side  by  Thirty- 
fifth  street;  but  the  said  A.  S.  Newson,  Moritz  Brock  and  Gus 
Lewy  shall  have  the  right  to  erect  the  necessary  distributing  poles 
in  this  territory. 

Skc.  3.  That  the  jDcrsons  to  whom  this  franchise  is  granted, 
their  successors  or  assigns,  shall  have  the  right  to  lay.  construct 
and  maintain  underground  wires  and  cables  in  closed  conduits, 
to  construct  the  necessary  manholes,  and  make  house  connections 
in  and  through  the  public  streets  and  alleys  of  the  city  of  Gal- 
veston, to  erect  such  poles  as  may  be  necessary  for  the  tlistribut- 
ing  of  said  underground  cables  and  wires,  and  these  poles  to  be 
placed,  as  far  as  practicable,  in  the  alleys  of  said  city. 
Sec.  4.  This  grant  is  made  for  a  term  of  fifty  years. 
Sec.  5.  That  said  A.  S.  Newson.  Moritz  Brock  and  Gus  Lewy, 
or  their  associates,  successors  or  assigns,  shall  permit  the  said  city 
of  Galveston  to  place  the  wires  of  its  fire  alarm  and  police  tele- 
graph in  said  conduits,  and  the  said  city  shall  also  be  permitteil 
to  distribute  the  wires  necessary  for  said  fire  alarm  and  police 
telegraph  from  the  distributing  poles  to  be  erected  under  this 
ordinance,  and  the  telephone  lines  erected  under  this  franchise 
shall,  by  the  owners  thereof,  be  connected  with  the  various  depart- 
ments and  oflices  of  the  city  of  Galveston,  and  the  officers  of  said 
city  in  charge  of  said  departments  shall,  while  this  ordinance  is  in 
force,  have  the  free  use  of  such  lines,  wires  and  telephones  in  said 
offices. 

Sec.  6.  The  said  A.  S.  Xewson,  Moritz  r>rock  and  Gus  Lewy. 
or  their  successors  and  assigns,  shall  save  the  city  of  Galveston 
harmless  from  any  claims  or  damages  arising  from  the  work  of 
construction  or  maintenance  of  said  conduits  or  distributing  poles. 
Sec.  7.  They  shall  file  with  the  mayor  of  the  cit\-  of  Galveston. 
within  five  days  after  the  passage  hereof,  their  written  accept- 
ance of  the  provisions  of  this  ordinance. 

[Approved  May  H,  I'.tOl. 

CHAPTER  CVIL 

GRANT  TO  THE  GAIA'ESTOX  BREWING  COMI'.\XV. 

Section  i.    That  the  Galveston  Brewing  Company,  a  corpora- 
tion organized  and  duly  chartered  under  the  laws  of  the  State  of 

426 


Appendix.  Chaps.  CVIII-CIX. 

Texas,  be  and  is  hereby  authorized  to  lay  down  railway  switches 
for  the  purpose  of  its  business  on  the  following  streets  of  the  city 
of  Galveston,  to-wit :  On  Avenue  E,  between  Thirty-third  and 
Thirty-fourth  streets,  and  on  Thirty-fourth  street,  between 
Avenues  E  and  F.  Both  of  these  railroad  switches  to  be  adjacent 
to  the  property  of  the  Galveston  Brewing  Company,  and  to  be 
of  sufficient  length  to  conveniently  connect  either  direct  or  by 
curve  with  any  system  of  railroads  on  Avenue  E  and  Thirty- 
fourth  street,  or  crossing  or  intersecting  Thirty-fourth  street. 

[Approved  August  8,  1895. 


CHAPTER  CVIII. 

GRANT  TO  T?IE  TEx.VS  STAR  FLOUR   MILLS. 

That  the  ordinance  heretofore  passed  by  the  Citv  Council  of 
Galveston,  on  the  5th  day  of  June,  1882,  granting  to  the  Texas 
Star  Flour  Mills  the  right  to  erect  and  construct  iron-clad  build- 
ings on  certain  lots  in  block  680  of  the  city  of  Galveston,  be  and 
the  same  is  hen-by  amended  to  read  as  follows : 

That  the  Texas  Star  Flour  Mills  be,  and  it  is  hereby,  in  addi- 
tion to  the  buildings  heretofore  constructed  l)y  it  under  the  pro- 
visions of  said  ordinances,  on  lots  numbers  one  and  two  (i  and 
2),  in  block  680  of  the  city  of  Galveston,  authorized  to  erect  and 
construct  on  the  above  mentioned  ground  including  lots  numbers 
three  and  four  { 3  and  4 )  of  the  same  block,  such  other  and  ad- 
ditional iron-clad  building  or  buildings  of  light  material,  to  be 
used  for  warehouse,  coopershop,  storage,  and  such  other  general, 
purposes  as  mav  be  required  by  its  business. 

Passed  under  suspension  of  the  rules  at  regular  meeting,  De- 
ceml^er  4,  1893. 


CHAPTER   CIX. 

ENTITLED  AN  ORDINANCE  GRANTING  TO  THE  ExECUTORS  OF  HENRY 
ROSENBERG,  DECEASED,  THE  RIGHT  TO  ERECT  THE  MONUMENT, 
COMMEMORATING    THE    HEROES    OF    THE    TEXAS    REVOLU- 
TION,    AT     THE     INTERSECTION     OF     BROADWAY     AND 
BATII      A\"ENUE     IN     THE     CITY     OF    GALVESTON. 

Be  it  ordained  by  the  City  Council  of  the  Ciiy-of  Galveston  : 

Section    i.      That    the   intersection    of    Broadway   and    PJath 
Avenue,  in  the  city  of  Galveston,  is  hereby  dedicated  as  the  site 

427 


Chap.  CX.  Appendix. 

for  the  monument  to  the  memor}-  of  the  heroes  of  the  Texas 
Revolution  of  1836,  provided  for  in  the  will  of  Henry  Rosenberg, 
deceased ;  and  the  executors  of  the  said  Rosenberg  are  hereby 
granted  the  use  of  thirty-six  feet  by  thirty-six  feet  in  the  center 
of  said  intersection  for  the  purpose  of  erecting  said  monument 
thereon. 

Sec.  2.  That  the  right  to  temporarily  use  the  esplanade  in 
the  center  of  Broadway  and  each  side  of  Bath  avenue,  for  material 
during  the  progress  of  the  work  is  hereby  granted  to  said  execu- 
tors ;  provided,  that  when  the  monument  is  completed  they  shall 
clear  the  esplanade  and  streets  of  all  debris  and  rubbish  and  re- 
store same  to  their  original  condition. 

Passed  under  suspension  of  the  rules  June  20.  1897. 


CHAPTER   CX. 

GRANT  TO  BRUSH   ETvECTRIC  LIGHT  AND  POWER  COMPANY. 

Section  i.  That  there  is  hereby  granted  to  the  Brush  Elec- 
tric Light  and  Power  Company  of  Galveston  the  right  to  ser 
poles,  pin-abutments,  wires  and  other  necessary  fixtures  along 
the  streets  and  alleys  of  the  city  of  Galveston  for  the  purpose  of 
furnishing  electric  light  and  power,  subject  to  the  regulations 
hereinafter  provided. 

Sec.  2.  That  the  poles,  pin-abutments,  wires  and  other  neces- 
sary fixtures  shall  be  so  set,  constructed  and  operated  as  not  to 
obstruct  or  interfere  with  the  convenient  use  of  the  streets  by 
vehicles  or  persons  on  foot. 

Sec.  3.  That  the  wires  shall  be  so  strung  as  not  to  interfere 
with  any  of  the  city  fire  alarm  or  city  electric  light  wires. 

Sec.  4.  That  the  right  is  hereby  reserved  to  the  city  at  any 
time  to  direct  any  alteration  in  the  location  of  the  poles  or  in  the 
height  at  which  the  wires  shall  be  run. 

Sec.  5.  That  the  said  company  shall  at  all  times  have  on  de- 
posit with  the  city  treasurer  a  sum  not  less  than  fifty  dollars,  sub- 
ject to  the  order  of  the  city  engineer,  to  be  used  by  him  in  re- 
storing any  sidewalk,  gutter,  street  or  alley,  pavement  displaced 
or  injured  in  the  setting  or  removal  of  any  pole  set  or  removed 
by  said  company,  or  for  the  changing  of  the  location  of  any  of  the 

328 


Appendix.  Chap.  CXI. 

poles  of  said  company,  whenever  said  company  fails  or  refuses  to 
make  said  alteration  to  the  satisfaction  of  the  city  council. 

Sec.  6.  That  said  company  shall  at  all  times  permit  the  city 
to  use  and  occupy  the  top  cross-arm  of  any  pole  erected  or  to  be 
erected,  for  fire,  police,  or  municipal  telegraph  or  telephone  pur- 
poses free  of  charg-e. 

Sec.  7.  That  said  company  shall  liecome  solely  responsible 
and  hold  the  citv  harmless  against  all  damages  growing  out  of 
the  use  of  its  streets  and  sidewalks  under  the  provisions  of  this 
ordinance. 

Sec.  8.  That  this  grant  of  license  is  made  subject  to  the  char- 
ter and  ordinances  of  the  city  of  Galveston  as  the  same  now  are 
or  may  hereafter  be. 

Sec.  o.  That  a  consolidation,  combination  or  joining  or  unit- 
ing with  any  other  company  or  corporation  by  the  Brush  Elec- 
tric Light  and  Power  Company  of  Galveston  shall  of  itself  for- 
feit the  rights  and  privileges  hereby  granted. 

Sec.  10.  That  the  rights,  privileges  and  licenses  hereby 
granted  shall  not  be  transferred  or  assigned  without  the  consent 
of  the  city  council  of  the  city  of  Galveston,  and  such  transfer  or 
'assignment  without  such  consent  shall  of  itself  forfeit  all  the 
rights,  privileges  and  licenses  hereby  granted. 

Sec.  II.  That  whenever  the  charges  fixed  by  said  company 
for  lights  shall  become  unreasonable  or  beyond  what  such  lights 
can  reasonably  bo  supplied,  then  the  city  council  reserves  the 
right  to  fix  a  maximum  rate  to  be  charged  by  said  company 
either  for  lights  furnished  to  the  city  or  to  private  consumers. 

Sec.  12.  That  the  said  rights,  privileges  and  franchises  are 
hereby  granted  for  the  term  of  twenty-five  years  from  the  pas- 
sage of  this  ordinance,  upon  condition  that  the  said  company 
signifies  its  acceptance  in  writing,  to  be  filed  with  the  city  clerk, 
of  all  the  terms  and  all  of  the  provisions  of  this  ordinance,  with- 
in thirty  days  after  its  passage. 

[Passed  February  21,  1895. 


CHAPTER  CXI. 

GRANT  TO  THE  POSTAL  TEEEGRAPH-CABLE   COMPANY  OE  TEXAS. 

Section    i.     That  the  right  is  hereby  granted  to  the  Postal 
Telegraph-Cal:)le  Company  of  Texas,  its  successors,  and  assigns, 

429 


Chap.  CXI.  Appendix. 

to  construct,  operate  and  maintain  its  line  of  telegraph  poles  and 
wires,  fixtures  and  appurtenances  upon,  along  and  over  such  of 
the  streets,  alleys  and  public  ways  of  the  city  of  Galveston  as 
may  be  necessary  to  enable  the  company  to  reach  its  ofifice  in  the 
city  of  Galveston,  subject  to  all  the  laws  and  ordinances  now  in 
fofce,  or  that  may  hereafter  be  enacted,  regulating  the  construc- 
tion and  maintenance  of  such  lines  of  poles  and  wires. 

Sec.  2.  That  said  line  of  poles  and  wires  shall  be  so  erected 
and  maintained  as  not  to  obstruct  the  travel  upon  said  streets, 
nor  interfere  with  the  flow  of  water  in  any  pipe,  drain,  ditch  or 
culvert,  and  in  the  event  of  change  of  grade,  or  bringing  to  grade 
any  of  the  streets,  alleys  or  public  ways,  said  poles  shall  by  said 
company  be  so  changed  or  set  at  its  own  expense  as  to  conform 
thereto,  and  said  company  shall  save  and  hold  said  city  free  and 
harmless  from  all  or  any  damages  arising  from  or  caused  by 
the  construction  or  maintenance  of  said  line  of  poles  and  wires ; 
and  the  acceptance  by  said  company  of  the  terms  and  provisions 
of  this  ordinance  shall  bind  said  company  to  sulmiit  to  and  com- 
ply with  all  reasonable  regulations  which  may  hereafter  be  im- 
posed by  said  city. 

Sec.  3.  That  this  grant  shall  not  be  exclusive,  and  the  citv 
reserves  the  right  to  grant  like  rights  of  use  of  the  public  streets 
to  others  for  similar  uses,  provided  that  such  use  shall  not  prevent 
or  interfere  with  the  ]jroper  exercise  of  the  rights  and  privileges 
herein  granted. 

Sec.  4.  That  the  street  or  streets  along  which  said  poles  shall 
be  erected  and  the  location  of  said  poles  thereon  shall  be  under 
the  direction  of  the  committee  on  streets  and  allevs  and  the  citv 
engineer,  subject  to  the  approval  of  the  city  council. 

Sec.  5.  The  construction  and  erection  of  said  line  of  poles 
and  wires  within  said  city  shall  l)e  commenced  within  throe 
months  of  the  passage  of  this  ordinance,  and  shall  l)e  completed 
within  six  months  from  that  date,  l^pon  failure  of  said  company 
to  comply  with  these  requirements,  or  with  aiiy  other  require- 
ments of  this  ordinance,  all  its  rights  hereunder  shall  be  forfeited, 
and  said  city  shall  have  the  right  by  ordinance  to  declare  this 
contract  annulled. 

Sec.  6.  In  consideration  whereof,  the  said  city  of  Galveston 
may  have  the  right  to  use  as  much  of  the  upper  cross-arms  of 

430 


Appendix.  Chap.  CXII. 

said  poles  as  may  be  necessary  for  its  fire  alarm  and  police  tele- 
graph wires ;  provided,  that  said  city's  use  of  poles  shall  not  be 
so  made  or  continued  as  to  in  any  manner  obstruct  or  interfere 
with  the  use  of  said  poles  by  said  telegraph  company  ;  and  all 
work  of  placing  wires  or  fixtures  of  said  city  upon  said  poles  shall 
be  done  under  the  direction  of  the  telegraph  company's  manager 
in  said  city. 

Sec.  7.  That  the  franchises  herein  and  hereby  granted  con- 
tinue and  be  operative  for  the  term  of  twenty-five  years. 

Sec.  8.  That  the  said  company,  in  the  event  it  ceases  to  do 
business  in  the  city  of  Galveston,  will,  at  its  own  proper  cost  and 
expense,  remove  or  cause  to  be  removed  all  the  poles,  wires  and 
arms  erected  by  said  company  in  the  streets  of  said  city,  and  in 
case  of  the  failure  of  said  company  to  remove  said  poles  and 
wires,  at  its  own  expense  and  cost,  then  the  mayor  of  said  city 
shall  have  the  right  to  order  the  removal  of  the  same  in  the  man- 
ner provided  for  the  removal  of  obstructions  from  the  streets  of 
said  city. 

Sec.  9.  It  is  agreed  and  understood  that  each  and  all  of  the 
conditions  set  forth  in  this  ordinance  are  conditions  precedent, 
and  a  failure  to  comply  with  any  one  or  more  of  them  shall  ipso 
facto  work  a  forfeiture  of  the  rights  herein  and  hereby  granted, 
and  the  city  shall  have  the  right  to  determine  and  declare  such 
forfeiture  of  this  franchise  by  ordinance. 

Sec.  10.  That  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  approval  and  filing  by  said  tele- 
graph company  of  its  unconditional  acceptance  of  the  terms 
hereof. 

[Passed  Marcli  7, 1898. 

CHAPTER  CXII. 

GRANT  TO  TITE   UNITED  STATES  TELEPHONE  AND  TELEGRAPH 
COMPANY. 

Section  i.  That  the  United  States  Telephone  and  Telegraph 
Company  of  Texas  are  hereby  granted  the  right  of  way  over 
and  upon  the  streets,  alleys,  avenues  and  sidewalks  of  the  city 
of  Galveston,  for  the  purpose  of  erecting,  constructing,  main- 
taining and  operating  a  system  of  telephones  and  telephone  ex- 
change in  the  city  of  Galveston,  and  between  said  city  of  Gal- 

431 


Chaps.  CXII.  Appendix. 

veston  and  other  towns  and  cities  within  reach  of  telephone 
communication ;  and  to  that  end,  to  erect  and  maintain  all  nec- 
essary poles  and  posts,  and  to  stretch,  string  and  lay  wires, 
cables  and  other  appliances,  over  any  and  all  of  said  streets 
and  thorotigh fares,  as  may  be  necessary  to  successfully,  econo- 
mically and  conveniently  operate  and  maintain  such  system ; 
subject,  however,  to  all  ordinances  of  the  city  of  Galveston, 
now  in  force  or  that  may  be  hereafter  enacted,  and  having  ref- 
erence to  telephones,  telephone  wires,  telephone  poles  or  posts, 
cables  and  other  appliances:  and  subject  also  to  the  power  and 
authority  of  the  city  council  to  hereafter  regulate  and  locate 
the  erection  and  location  of  all  poles  and  wires  in  said  city 
erected  by  said  company  and  to  cause  the  same,  at  any  time,  to 
be  changed  or  removed — whether  telegraph,  telephone,  electric 
light,  railroad  or  otherwise.  The  franchise  herein  granted  will 
continue  for  the  term  of  fifty  years. 

Sec.  2.  The  said  United  States  Telephone  and  Telegraph 
Company  of  Texas  shall  begin  the  construction,  of  its  telephone 
lines  within  said  city  within  ninety  (90)  days  from  the  passage 
of  this  ordinance ;  and  within  one  year  thereafter  shall  have  suffi- 
cient poles  planted  and  wires  stretched  to  operate  three  hun- 
dred (300)  telephones.  •  And  shall  charge  an  annual  rental  of 
not  more  than  thirty-six  dollars  ($36)  for  each  commercial  tele- 
phone in  said  city,  nor, more  than  twenty-four  ($24)  for  each 
residence  telephone  in  said  city ;  provided,  however,  that  the 
following  city  officials,  to-wit :  The  mayor,  the  treasurer,  the 
city  engineer,  the  city  clerk,  the  city  attorney  and  chief  of  police 
and  chief  of  fire  department  shall  each  be  furnished  by  said  com- 
pany with  a  telephone  free  of  charge ;  and  that  the  said  United 
States  Telephone  and  Telegraph  Company  shall  also  furnish  free 
of  charge  a  telephone  at  each  of  the  offices  and  stations  and 
houses  of  the  fire  department  of  the  city  of  Galveston,  and  shall 
also  furnish  any  other  telephones  that  the  city  of  Galveston  may 
desire  for  its  use,  at  a  rental  not  exceeding  two  dollars  ($2)  per 
month ;  all  of  such  telephones  to  be  connected  with  the  central 
office  and  with  the  entire  system  of  the  said  United  States 
Telephone  and  Telegraph  Company,  and  service  thereupon 
to  be  furnished  free  of  charge,  other  than  as  above  stated. 


432 


Appendix.  Chap.  CXII. 

Sec.  3.  This  ordinance  shall  not  take  effect  nor  be  in  force 
nnless  the  said  United  States  Telephone  and  Telegraph  Com- 
pany shall,  within  ten  days  after  the  passage  of  this  ordinance, 
file  with  the  city  clerk  its  acceptance  of  this  ordinance  and  the 
terms  and  conditions  hereof. 

Sec.  4.  That  this  ordinance  shall  take  effect  and  become  opera- 
tive from  and  after  the  date  of  the  filing  of  said  acceptance  by 
said  United  States  Telephone  and  Telegraph  Company  of  Texas, 
with  the  city  clerk. 

Sec.  5.  This  franchise  is  granted  upon  the  condition  that  all 
wires  erected  or  strung  by  said  company  shall  be  placed  or  strung 
not  less  than  a  distance  of  four  (4)  feet  from  any  other  wire  now 
erected  in  said  city,  whether  the  same  be  telephone,  telegraph  or 
electric  light  wires. 

Sec.  6.  That  no  right  or  privilege  or  franchise  hereby  granted 
shall,  at  any  time  or  in  any  manner,  be  transferable  or  sold  or 
assigned  or  sub-let  to  nor  be  used  or  exercised  by  any  person  or 
persons,  corporation  or  corporations,  other  than  the  United  States 
Telephone  and  Telegraph  Company  without  the  consent  of  the 
city  council  of  the  city  of  Galveston  previously  and  formally  and 
expressly  given  therefor,  at  a  regular  meeting  of  the  said  coun- 
cil ;  and  any  transfer,  sale,  assignment  or  sub-letting  or  use  of 
or  exercise  or  attempt  to  use  or  exercise  any  one  or  more  of  such 
rights,  privileges  or  franchises  by  any  person  or  persons,  corpora- 
tion or  corporations,  other  than  the  United  States  Telephone  and 
Telegraph- Company,  shall  forfeit  and  render  void  all  and  singu- 
lar the  rights,  privileges  and  franchises  hereby  granted. 

Sec.  7.  All  the  rights,  privileges  and  franchises  hereby 
granted  are  upon  the  express  condition  that  the  said  United  States 
Telephone  and  Telegraph  Company  of  Texas  shall  never  charge 
more  than  the  rates  herein  mentioned,  and  shall  begin  the  con- 
struction of  its  telephone  lines  within  said  city  within  ninety  (90) 
days  from  the  passage  of  this  ordinance ;  and  that  it  shall,  within 
one  year  thereafter,  have  sufficient  poles  planted  and  wires 
stretched  to  operate  three  hundred  (300)  telephones;  and  failing 
either  so  to  begin  said  construction  or  so  to  complete  said  work 
as  aforesaid,  within  the  time  specified,  or  if  said  rates  are  ex- 
ceeded shall,  ipso  facto,  work  a  forfeiture  of  the  rights  herein  and 
herebv  granted  ;  and  such  beginning  and  completion  herein  speci- 

433 


Chap.  CXtll.  Appendix. 

fied  within  the  respective  times,  are  conditions  precedent  to  the 
exercise  of  the  powers  herein  granted. 

Sec.  8.  Within  thirty  (30)  days  from  the  date  of  passage  of 
i.his  ordinance  the  said  United  States  Telephone  and  Telegraph 
Company  of  Texas  shall  file  with  the  city  clerk  a  bond  in  the 
sum  of  five  thousand  dollars  ($5000),  to  l^e  approved  by  the 
finance  committee  of  the  city  council  and  the  city  attorney,  payable 
to  the  mayor  of  the  city  of  Galveston,  conditioned :  That  said 
company  shall  begin  the  construction  of  its  telephone  lines  within 
said  city  within  ninety  (90)  days  from  the  passage  of  this  ordi- 
nance, and  that  it  shall  within  one  (i)  year  thereafter  have  suffi- 
cient poles  planted  and  wires  stretched  to  operate  three  hundred 
(300)  telephones  in  said  city;  and  in  the  event  of  failure  so  to  do, 
binding  the  principals  and  sureties  on  said  bond  to  pay  unto  the 
said  mayor  of  the  city  of  Galveston  the  sum  named,  as  liquidated 
damages. 

Sec.  9.  Within  thirty  (30)  days  from  the  passage  of  this  act 
the  said  United  States  Telephone  and  Telegraph  Company  of 
Texas  shall  file  with  the  city  clerk  an  additional  bond  in  the  sum 
of  ten  thousand  dollars  ($10,000),  to  be  approved  by  the  finance 
committee  of  the  city  council  and  the  city  attorney,  payable  to  the 
mayor  of  the  city  of  Galveston,  conditioned :  That  the  said  com- 
pany, in  the  event  it  ceases  to  do  business  in  the  city  of  Galveston, 
will,  at  its  own  proper  cost  and  expense,  remove  or  cause  to  be  re- 
moved all  the  poles,  wires  and  arms  erected  by  said  company  in 
the  streets  of  said  city  ;  and  in  case  of  the  failure  of  said  company 
to  remove  said  poles  and  wires  at  its  own  cost  and  expense,  then 
binding-  the  principals  and  sureties  on  said  bond  to  pay  unto  said 
mayor  of  the  city  of  Galveston  the  sum  of  said  ten  thousand  dol- 
lars ($10,000),  as  liquidated  damages. 

Read  first  time  at  a  meeting  held  September  10,  1896. 

Read  second  time  and  passed  at  a  meeting  of  the  citv  council 
held  December  7,  1896.  [Approved  Decs,  isx. 


CHAPTER  CXIII. 

GRANT  TO  THE   GALVESTON   AND   HOUSTON    EEECTRIC   RAILWAY 

COMPANY. 

Section   i.     That  when  the  Galveston  and  Houston  Electric 
Railway  Company  shall  build  their  line  of  road  to  the  western 

434 


Appendix.  Chap.  CXIII. 

limits  of  the  city  of  Galveston,  tlio  assent  of  the  city  of  Galveston 
is  granted  to  the  Galveston  and  Houston  Electric  Railway 
Company  to  construct,  maintain  and  operate  its  line  of  electric 
railway  into  and  through  the  city  of  Galveston,  over  and  upon 
the  following  named  streets  in  said  city,  to-wit :  Entering 
Avenue  I  at  the  western  limits  of  the  city,  thence  eastwardly 
along  said  Avenue  I  to  Tremont  or  Twenty-third  street;  also 
to  begin  on  said  Avenue  I  at  its  intersection  with  Fifty-sixth 
street,  and  thence  over  and  along  said  Fifty-sixth  street,  north- 
wardly, to  the  terminus  of  Fifty-sixth  street. 

Sec.  2.  That  the  said  railway  company  shall  have  the  right 
to  purchase  yard  and  depot  grounds  adjoining  the  right  of  way 
hereby  granted,  at  such  point  as  it  may  deem  most  expedient ;  pro- 
vided, however,  that  no  such  depot  shall  be  located  east  of  Twen- 
ty-fifth street,  and  it  shall  have  the  right  to  construct,  erect  and 
maintain  sidetracks  and  buildings  on  its  said  depot  grounds  as  it 
mav  deem  convenient  or  necessary  ;  and  it  shall  have  the  right  to 
construct,  erect  and  maintain  its  tracks  and  switches  and  grades, 
to  be  fixed  by  the  city  engineer,  over  and  across  all  streets  which 
may  cross  and  intersect  its  depot  grounds,  and  to  connect  its  said 
depot  grounds  by  necessary  tracks  with  the  main  line  in  the  streets 
hereinbefore  named  and  defined. 

Sec.  3.  That  all  tracks  to  be  laid  in  the  streets  over  which 
right  of  way  is  hereby  granted  shall  be,  as  near  as  practicable,  in 
the  center  of  the  street,  as  the  same  shall  be  designated  and  de- 
fined bv  the  city  engineer;  and  all  tracks  to  be  laid  in  the  streets 
of  the  city  shall  be  laid  according  to  the  grade  and  levels  fur- 
nished by  said  city  engineer,  and  the  rails  shall  be  laid  so  that  the 
top  of  the  rails  shall  be  on  a  level  with  the  street,  and  the  same 
shall  be  kept  in  such  condition  and  laid  in  such  a  manner  as  shall 
not  interfere  with  the  travel  on  and  across  said  streets.  All  such 
tracks  shall  be  constructed  under  the  immediate  supervision  of 
the  street  and  alley  committee  and  the  city  engineer  of  said  city. 

Sec.  4.  Said  railway  company  shall,  at  its  own  proper  cost 
and  expense,  conform  to  and  comply  with  all  the  general  regula- 
tions and  ordinances  of  the  city  of  Galveston  now  in  force,  or 
which  may  hereafter  be  adopted,  relating  to  the  construction  and 
operation  of  a  railway  within  the  corporate  limits  of  said  city. 


435 


Chap.  CXIII.  Appendix. 

Sec.  5.  In  the  event  the  city  council  of  said  city  shall  deter- 
mine to  pave  or  otherwise  improve  any  portion  of  the  streets 
upon  which  said  railway  company  may  have  its  line  constructed, 
then  the  said  company  shall  temporarily  take  up  and  remove  its 
improvements  free  of  cost  to  the  city  of  Galveston  for  such  pur- 
poses. All  the  lines  of  said  railway  shall  be  put  in  and  kept  in 
thorough  repair  and  maintained  in  good  order ;  and  all  work  or 
repairs  that  shall  be  done  upon  any  of  its  lines,  which  may,  in  any 
manner,  affect  the  use  of  the  streets  by  the  public,  shall  be  done  in 
a  manner  to  meet  th.e  approval  of  the  city  engineer,  and  shall  be 
altered  or  changed  by  the  said  company  whenever  notified  or  di- 
rected to  do  so  by  said  city  engineer. 

Sec.  6.  Said  railway  company  agrees  to  grade  and  pave,  or 
otherwise  improve,  the  portion  of  the  street  or  intersection  used 
or  occupied  by  it,  at  its  own  cost  and  expense,  and  the  cost  of 
such  improvements  shall  be  a  lien  upon  the  property  and  fran- 
chises of  said  company.  The  portion  of  the  street  occupied  by 
said  company  shall  be  deemed  to  mean  all  that  portion  of  the  same 
between  the  rails  of  all  tracks  laid  and  extending  twelve  inches 
beyond  the  outer  edge  of  the  rails  of  said  road. 

Sec.  7.  Said  railway  company  agrees  to  furnish  and  operate, 
at  its  own  proper  cost  and  expense,  an  arc  electric  light  at 
each  street  crossed  by  the  said  railway  throughout  the  length 
of  the  street  or  streets  occupied  by  it. 

Sec.  8.  The  said  railway  company  shall  not  permit  or  allow 
its  cars  to  stand  on  Avenue  I,  or  Fifty-sixth  street,  for  any  time 
longer  than  what  is  absolutely  required  to  take  passengers  on  and 
let  them  off;  and  shall  not,  by  the  operation  of  said  road  or  the 
stoppage  of  cars  on  the  same,  in  any  wise  hinder  or  impede  traffic 
or  travel  for  any  time  longer  than  is  absolutely  necessary  to  load 
and  unload  its  passengers. 

Sec.  9.  That  the  mode  of  power  to  be  used  in  the  operation  of 
said  road  shall  be  electricity;  and  all  the  rights,  privileges  and 
franchises  hereby  granted  are  upon  the  express  condition  prece- 
dent, that  the  said  road  shall  never  use  any  motive  power  except 
electricity  in  the  operation  of  said  road ;  and  any  violation  of  this 
section  shall,  ipso  facto,  work  a  forfeiture  of  its  rights  herein  and 
hereby  granted. 


436 


Appendix.  Chap.  OXTII. 

Sec.  io.  That  all  the  rights,  privileges  and  franchises  herein 
granted  are  upon  the  express  condition  precedent  that  the  said 
Galveston  and  Houston  Electric  Railway  Company  shall,  within 
two  years  from  the  date  thereof,  be  completed,  with  all  necessary 
equipments,  from  the  city  of  Houston  to  the  city  limits  of  said 
city  of  Galvest'^n,  before  this  franchise  shall  become  operative  or 
take  effect ;  and  the  said  construction  and  maintenance  of  said 
road  to  the  western  limits  of  said  city  are  conditions  precedent  to 
the  exercise  of  any  of  the  rights,  privileges  or  franchises  herein 
granted. 

Sec.  ji.  The  said  Galveston  and  Houston  Electric  Railway 
Company  shall,  within  three  years  from  the  date  of  the  passage 
of  this  ordinance,  fill  up  and  shell,  at  its  own  cost  and  expense, 
the  said  Avenue  I  from  Fortieth  street  to  Tremont  street,  such 
filling  and  shelling  to  be  done  under  the  direction  and  supervi- 
sion of  the  city  engineer  of  said  city,  and  to  his  satisfaction,  and 
according  to  the  grades  furnished  by  him,  and  the  said  street 
shall  be,  by  said  railway  company,  kept  in  such  condition  as  that 
vehicles  can  pass  over  and  across  the  same,  and  the  rails  of  said 
railway  company  on  said  street  shall  be  so  laid  as  not  to  interfere 
with  the  travel  in  any  way  on  or  across  the  same.  The  filling 
'and  shelling  of  said  street  by  said  railway  company  is  expressly 
made  a  condition  precedent  to  the  exercise  of  all  the  rights  and 
privileges  herein  granted,  and  the  failure  to  comply  with  the  pro- 
visions of  this  section  shall,  ipso  facto,  work  a  forfeiture  of  all  the 
rights,  privileges  and  licenses  granted  by  this  ordinance. 

Sec.  12.  That  if  the  said  Galveston  and  Houston  Electric 
Railwa}-  Company  shall  faithfully  comply  with  all  and  singular 
the  terms  and  conditions  imposed  by  this  ordinance  and  by  the 
contract  entered  into  between  said  railway  company  and  said  city, 
said  contract  to  be  executed  not  more  than  thirty  days  from  the 
date  thereof,  and  with  all  and  singular  the  provisions  of  the  char- 
ter and  ordinances  of  said  city  of  Galveston,  as  required  by  its 
city  council,  as  the  same  now  exists  or  may  hereafter  be  enacted, 
then  said  company  and  its  successors  shall  have  .and  enjoy  the 
rights,  powers  and  privileges  granted  and  conceded  herein,  for 
the  term  of  thirty-five  (35)  years  from  and  aftv'r  the  passage  of 
♦^his  ordinance. 


48' 


Chap.  CXIV.  Appendix. 

Sec.  13.    In  force  from  and  after  the  date  of  its  passage. 
Read  first  time  July  5,  1897. 

Read  second  time  and  passed,  at  a  regular  meeting  of  the  city 
council,  held  July  19,  1897. 

[Approved  July  21,  1897. 

CHAPTER  CXIV. 

GRANT   TO  THE  GALVESTON   AND   BOLIVAR   .STEAM   FERRY   COMPANY. 

Section  i.  That  the  consent  of  the  city  of  Galveston  be,  and 
the  same  is  hereby  given  to  the  Galveston  and  Bolivar  Steam 
Ferrv  Companv  to  create  and  construct  or  cause  to  be  created  and 
constructed  at  the  north  end  of  Seventh  street  in  the  city  of  Gal- 
veston an  approach  for  the  purpose  of  landing  its  steam  ferry 
l)oats  plying  between  Galveston  and  Bolivar;  such  approach  to 
be  built  of  wood  and  piling  extending  to  the  channel  in  such  a 
manner  as  in  no  way  to  interfere  with  navigation  or  to  amount 
to  any  impediment  or  obstruction  whatsoever  in  the  channel  or 
li  arbor. 

Sec.  2.  Such  approach  shall  be  built  and  constructed  subject 
to  the  approval  of  the  city  engineer  of  the  city  of  Galveston  and 
in  a  manner  satisfactory  to  him,  and  the  same  shall  be  and  is, 
hereby  made  common  landing  place  for  all  citizens  of  Galveston 
when  not  occupied  as  a  landing  place  by  the  ferry  boats  of  said 
company ;  provided,  however,  that  upon  the  arrival  from  Bolivar 
peninsula  of  any  ferry  boat  of  said  company  laden  with  passen- 
gers or  vehicles,  such  ferry  boat  shall  be  given  the  right  of  way 
and  have  first  access  to  such  landing  place ;  but  this  provision  is 
in  no  wise  to  be  construed  'as  giving  to  the  said  company  the  ex- 
clusive right  of  way  over  and  along  said  approach  or  over  and 
along  the  north  end  of  said  Seventh  street  as  against  the  citizens 
of  Galveston,  and  the  rights  of  said  citizens  to  use  said  street  shall 
in  no  wise  be  impeded  or  hindered  by  this  ordinance. 

Sec.  3.  That  the  said  company  undertakes  to  hold  the  said  city 
of  Galveston  harmless  and  indemnify  it  against  all  suits,  costs, 
expenses  and  damages  that  may  arise  or  grow  out  of  this  grant 
or  by  reason  of  its  occupation  and  use  of  the  privilege  and  fran- 
chise herein  granted,  and  undertakes  and  agrees,  and  does  in  the 
acceptance  of  this  grant  waive  all  claim  of  title  to  said  portion 


438 


Appendix.  Chap.  CXV. 

of  Seventh  street  which  may  be  occupied  by  it,  by  reason  of  pos- 
session, Hmitation  or  otherwise. 

Sec.  4.  That  the  grant  hereby  made  shall  extend  only  to  such 
portion  of  said  street  as  the  said  city  of  Galveston  has  the  right 
to  grant  under  the  laws  of  the  State  and  under  the  charter  and 
ordinances  of  said  city  of  Galveston,  and  shall  not  be  construed  to 
prejudice  the  right  of  the  said  city  of  Galveston  to  cause  the  said 
landing  and  all  structures  and  piling  erected  in  connection  there- 
with to  be  removed  whenever  it  shall  be  deemed  necessary  or  ex- 
pedient to  the  said  city  of  Galveston  to  reopen  said  street  to  the 
channel, and  to  use  the  same  for  public  purposes. 

Sec.  5.  That  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  date  of  its  passage. 

Passed  under  suspension  of  rules  at  regular  meeting  of  city 
council,  held  March  21,  i! 


CHAPTER  CXV. 

GRANT  TO  THE  COMMERCAI,  TEEEPHQNE  COMPANY. 

Section  i.  That  the  Commercial  Telephone  Company,  a  cor- 
poration organized  under  and  by  virtue  of  the  laws  of  the  State 
of  Texas,  is  hereby  granted  the  right  to  erect  poles  and  construct 
subways  and  to  do  anything  and  everything  necessary  for  the 
proper  construction,  maintenance  and  operation  of  a  long-dis- 
tance telephone  line  above  or  under  ground,  along,  across  and 
upon  the  following  streets  and  alleys,  viz : 

From  the  city  limits  on  the  west  eastward  along  and  on  the 
north  side  of  Avenue  I  to  Twenty-ninth  street.  From  the  north 
side  of  Avenue  I  northward  along  and  on  the  east  side  of  Thirty- 
first  street  to  the  south  side  of  Avenue  A.  From  the  north  side 
of  Avenue  I  northward  along  and  on  the  east  side  of  Twenty- 
ninth  street  to  the  alley  between  Avenue  H  and  Avenue  I ;  thence 
eastward  along  said  alley  to  Twentieth  street.  From  said  alley 
northward  and  on  the  east  side  of  Twenty-sixth  street  to  the  alley 
between  Avenue  B  and  Avenue  C. 

From  Thirty-first  street  on  and  along  the  south  side  of  Avenue 
A  eastward  to  Twentieth  street  and  thence  southward  on  and 
along  the  west  side  of  Twentieth  street  to  the  alley  between 
Avenue  H  and  Avenue  I.     On  and  along  the  alleys  between 

439 


Chap.  CXY.  Appendix. 

Avenue  H  and  Avenue  A  from  Twentieth  street  to  Twenty-sixth 
street.  From  tho  west  side  of  Twentieth  street  eastward  crossing 
Twentieth  street  and  on  and  along-  the  south  side  of  Avenue 
H  to  a  point  opposite  the  alley  on  the  east  of  the  court  house, 
thence  through  said  alley  for  connections,  crossing  all  avenues, 
streets  and  alleys  intervening  on  said  routes. 

Skc.  2.  That  all  work  done  or  to  be  done  under  this  ordinance 
shall  be  done  under  the  control  and  supervision  of  the  city  en- 
gineer and  so  as  not  to  injure  or  interfere  with  traffic  upon  said 
streets  and  alleys  or  other  use  thereof  by  the  public  or  others  hav- 
ing prior  rights  thereon,  and  at  all  times  the  city  and  its  authori- 
ties shall  have  and  exercise  authority  and  control  over  the  said 
grant  and  the  use  thereof  in  the  interest  of  the  public  in  every 
way,  and  especially  in  all  matters  connected  with  the  police 
powers  of  said  city,  and  may  at  any  time  direct  and  compel  the  re- 
moval of  poles,  construction  of  subways  or  other  construction  lo 
conforni  to  public  convenience  or  other  necessity. 

Sec.  3.  That  said  grant  shall  not  be  assigned  or  transferred 
without  the  assent  of  the  city  being  first  obtained  by  ordinance 
duly  enacted  and  subject  always  to  the  terms,  provisions  and  con- 
ditions of  this  ordinance  and  of  any  other  which  the  city  may  here- 
after enact. 

Sec.  4.  That  the  property  and  appliances  used  and  employed 
in  the  exercise  of  the  franchise  and  right  hereby  granted  shall 
throughout  the  full  term  of  the  grant  be  maintained  in  good  and 
serviceable  condition  and  shall  be  efficiently  conducted  and  oper- 
ated in  the  public  service  at  reasonable  rates  to  be  determined,  lim- 
ited and  fixed  from  time  to  time  by  the  board  of  commissioners 
of  said  city  or  other  authority  exercising  their  functions. 

Sec.  5.  That  the  city  of  Galveston  doss  not  part  with  but  here- 
by expressly  reserves  the  right  and  duty  at  all  times  to  exercise 
in  the  interest  of  the  public  full  superintendence,  regulation  and 
control  in  every  respect  over  said  grant  and  the  use  thereof  and 
especially  in  all  matters  connected  with  the  police  powers  of  said 
city. 

Sec.  6.  That  in  case  any  of  the  conditions  and  terms  of  this 
grant  and  of  the  use  and  of  the  exercise  thereof,  or  any  rule,  reg- 
ulation or  provision  now  or  hereafter  enacted  for  observance  in 
the  construction,  maintenance  or  operation  of  said  telephone  line 

440 


Appendix.  Chap.  CXV. 

and  its  connections,  shall  he  violated  or  not  complied  with  in  any 
respect  or  in  case  the  same  shall  not  1)e  so  used  and  exercised  as 
to  secure  efficient  puhlic  service  at  reasonable  rates  and  the  main- 
tenance of  the  property  in  good  condition  throughout  the  full 
term  of  the  grant,  then,  and  in  such  case,  the  board  of  commis- 
sioners of  said  city  or  other  authority  exercising  their  functions 
may  by  ordinance  declare  said  grant  forfeited,  or  otherwise  en- 
force compliance  with  its  terms.  The  said  Commercial  Telephone 
Company  sliall  withm  thirty  days  from  the  passage  of  this  ordi- 
nance make  and  file  with  the  city  secretary  a  bond  payable  to  the 
city  in  the  sum  of  three  thousand  dollars,  with  sureties  to  be  ap- 
proved by  the  president  and  commissioners  of  finance  and  rev- 
enue and  conditioned  to  indemnify  the  city  against  and  for  the 
cost  and  expense  of  removing  the  poles  and  other  property  of 
said  company  from  the  streets  and  alleys  of  the  city  in  case  the 
city  shall  have  to  eftect  such  removal,  and  shall  remove  such  poles 
and  property  on  account  of  non-use  of  this  grant  for  the  space 
of  two  years  from  the  date  of  the  passing  of  this  ordinance. 

Sec.  7.  That  the  maximum  tolls,  rates  and  charges  to  be  made 
and  charged  for  public  service  into  and  out  of  Galveston  over  the 
lines  of  said  Commercial  Telephone  Company  and  its  connections 
shall  be  25  per  cent,  less  than  the  rates  now  charged  over  other 
line  or  lines  for  the  same  service ;  or  in  lieu  of  such  reduction  in 
charge  an  increase  in  time  allowance  of  not  less  than  25  per  cent. 
over  that  allowed  for  communications  at  present  rates  over  other 
line  or  lines;  provided,  however,  that  all  messages  and  conversa- 
tions to  and  from  the  officials  of  the  city  of  Galveston  concerning 
the  pubhc  business  and  affairs  of  said  city  shall  pass  and  be  trans- 
mitted free  of  charge  or  toll  over  the  lines  of  said  Commercial 
Telephone  Company  and  over  all  local  connections  therewith,  and 
also  over  connecting  long  distance  telephone  lines,  at  the  lowest 
rate  for  which  other  like  messages  to  or  from  Galveston  are  car- 
ried over  such  connecting  long  distance  lines. 

SiiC.  8.  That  this  grant  shall  take  effect  and  be  operative  fifty 
years  from  the  date  of  the  passage  of  this  ordinance  and  at  the 
option  of  the  city  be  forfeited  at  any  time  in  case  said  Commer- 
cial Telephone  Company  shall  violate  or  fail  to  comply  with  any 
of  the  provisions,  terms  and  conditions  of  this  grant  or  of  any 


441 


Chap.  CXVI.  Appendix. 

ordinance,  rule  or  regulation  that  may  be  hereafter  enacted  or 
adopted  concerning  the  same  by  the  city  of  Galveston. 

Sec.  9.     That  this  ordinance  take  effect  and  be  in  force  from 
and  after  its  passage. 


CHAPTER  CXVL 
GA1.VEST0N  sewer  company. 

Section  i.  That  there  be  and  is  hereby  granted  to  the  Gal- 
veston Sewer  Company,  a  corporation  organized  under  and  pur- 
suant to  the  laws  of  the  State  of  Texas,  and  its  legal  successors 
and  assigns,  for  the  term  of  fifty  }'ears,  from  and  after  the  final 
passage  of  this  ordinance,  the  right  and  privilege  to  lay  a  system 
of  sewer  pipes  beneath  the  surface  of  the  streets,  avenues  and  'al- 
leys of  the  city  of  Galveston,  for  the  construction  of  *a  system  of 
sewerage  in  said  city  and  to  operate  and  maintain  said  system 
under  such  ordinance  established  by  the  city  council. 

Sec.  2.  That  the  system  to  be  constructed,  operated  and  main- 
tained is  that  known  as  the  Galveston  Sewer  Company's  system, 
owned  and  controlled  by  said  company. 

Sec.  3.  That  said  system  shall  be  constructed  in  a  good  and 
thorough  manner  under  plans  prepared  by  a  sanitary  engineer, 
who  shall  be  appointed  by  the  mayor,  with  the  consent  of  the  city 
council,  whose  plans  shall  be  submitted  to  the  city  council  and 
city  engineer  for  approval.  The  construction  of  said  sewer  sys- 
tem will  at  all  times  be  under  the  direction  of  the  city  engineer, 
in  conjunction  with  the  sanitary  engineer;  provided,  that  the  city 
shall  be  at  no  expense  in  the  matter  of  the  compensation  of  such 
sanitary  engineer. 

The  said  system  shall  be  constructed  as  follows : 

All  main  sewers  running  from  the  bay  to  the  north  side  of 
Avenue  M,  or  as  far  as  may  be  considered  practicable  by  the  en- 
gineer, to  be  of  the  best  quality  of  cement  pipe  in  various  sizes, 
said  pipe  to  have  a  flat  base  as  per  plans  shown,  and  to  be  laid 
upon  a  plank  foundation,  and  put  together  and  joined  with  the 
best  Portland  cement  to  a  smooth  surface  on  the  inside.  Brick 
manhole  to  be  built  at  the  intersection  of  each  alley.  Then  east 
and  west  from  each  manhole  there  shall  be  laid  a  line  of  sewer 
alley  laterals  of  no  less  than  eight  inches  in  diameter,  internal,  and 

442 


Appendix.  Chap.  CXVI. 

of  the  best  quality  of  double  streugth  salt  glaced  vitrified  pipe. 
Said  eight-inch  pipe  will  in  no  case  be  any  greater  distance  than 
two  blocks,  660  feet,  in  length  from  the  main  sewer  on  each  side. 

Then  there  shall  be  abreast  of  each  lot,  or  building  on  lot  or  lots, 
a  Y  for  house  connections.  These  branches  are  to  be  properly 
capped  at  the  sewer  ends  until  such  connections  are  made.  The 
said  mains  shall  be  constructed,  if  the  city  so  desires,  for  a  com- 
bined system  of  sewerage  and  storm  water  which  will  allow  all 
storm  waters  from  streets  and  alleys  to  pass  ofif  through  said 
sewer  from  the  north  side  of  M  into  the  bay.  The  outlet  of  said 
sewer  system  to  empty  into  the  channel  beyond  the  bulkheads  of 
wharves  and  the  ends  of  all  discharging  sewer  m'ains  to  be  below 
the  level  of  ordinary  high  tides, 

Skc.  4.  That  the  said  city  of  Galveston  is  to  have  the  use  of 
said  system  for  the  removal  of  the  sewerage  of  its  public  build- 
ings, and  all  public  school  buildings,  and  engine  houses,  city  hall, 
markets  and  urinal  closets,  free  of  all  costs  and  charges,  after  said 
buildings  are  connected  with  said  sewer  system,  and  in  considera- 
tion thereof,  the  property,  franchise,  privileges,  stock  earnings  of 
said  company,  its  successors  and  assigns,  shall  be  exempt  from  all 
assessments  and  taxes  and  other  charge  whatever,  and  the  said 
city  of  Galveston  agrees  to  furnish  sufficient  water  for  flushing 
out  said  sewer  system  at  all  times,  when  required,  free  of  any 
charge  to  said  sewer  company,  and  in  the  event  said  sewer  system 
is  constructed  under  this  franchise  with  the  view  of  carrying  off 
the  storm  water,  the  city  shall  then  pay  to  the  Galveston  Sewer 
Company  its  proportion  of  the  cost  of  construction  of  the  main 
sewers,  together  with  the  cost  of , all  catch  basins.  Such  cost  shall 
be  arrived  at  through  the  city  engineer. 

Skc.  5.  That  the  said  city  council  shall  regulate  and  control 
the  charges  for  the  connections  for  any  and  all  buildings  with 
said  sewer  system,  which  charges  shall  be  final,  and  the  said  Gal- 
veston Sewer  Company,  its  successors  and  assigns,  as  the  case 
may  be,  shall  have  a  lien  upon  the  property  so  connected  with,  and 
may  charge  and  collect  in  advance  for  such  sewer  service  for  a 
year,  or  a  fractional  part  of  a  year,  not  to  exceed  the  following 
rates,  to-wit : 

( I )      For  each  hotel  and  factory  and  restaurant : 

First  three  closets,  $1.50  per  month  each;  all  additional  closets, 

443 


Chap.  CXVI.  Appendix. 

75  cents  each  per  mouth  ;  for  connecting-  slop  hoppers,  75  cents  pci 
month  each. 

(2)  For  stores,  warehonses,  offices,  saloons  and  bar-rooms : 
The  first  closet,  $1.50  per  month  each;  second  closet,  $1.00  per 

month ;  all  additional  closets,  50  cents  per  month  each. 

(3)  For  all  public  buildings  other  than  city  buildings,  public 
school  buildings  and  engine  houses : 

The  first  three  closets,  $2.00  per  moiuh  each;  all  additional 
closets,  $1.50  per  month  each. 

(4)  For  each  boarding  house  : 

The  first  two  closets,  $1.25  per  month  each;  all  additional 
closets,  75  cents  per  month  each ;  for  connecting  slop  hoppers  with 
sewer,  50  cents  per  month  additional. 

(5)  For  each  private  residence  or  cottage : 

The  first  closet,  $1.00  per  month ;  all  additional  closets,  50  cents 
per  month  each ;  for  connecting  slop  hoppers  with  sewer,  50  cents 
per  month. 

(6)  For  each  livery  stable : 

The  first  closet,  $1.50  per  month;  second  closet.  $1.00  pei 
month;  for  carrying  ofT  waste  water  and  urine  from  horses,  $t.oo 
per  month. 

(7)  For  all  other  buildings  not  mentioned  in  this  schedule 
will  be  charged  in  proportion,  property  owners  paying  for  all 
grease  hoppers,  traps  and  pipe  connections  from  the  sewer  line 
into  their  premises.  And  for  all  other  places,  such  rates  as  may 
!)e  lixed  by  said  company,  its  successors  and  assigns,  as  the  case 
may  be.  That  the  price  to  be  paid  for  connections  with  the  main 
or  lateral  pipes  is  not  to  exceed  one  dollar  ($1.00)  for  each  foot 
of  pipe  used  in  making  said  connections,  and  that  all  such  con- 
nections are  to  be  made  by  the  company,  its  succes.sors  or  assigns. 

vSkc  6.  That,  should  any  charge,  due  and  payable,  as  pro- 
vided by  the  last  foregoing  article,  remain  uni^aid  and  in  arrears 
for  the  space  of  thirty  days,  the  said  company,  its  successors  or 
assigns,  may  cut'oflf  all  connections  between  said  sewer  and  the 
pipes  on  the  premises,  in  respect  to  which  said  charges  shall  noi 
l)e  paid,  and  when  any  sewer  lateral  or  laterals  have  been  com- 
pleted in  any  alley  for  the  receiving  of  house  sewerage,  then  the 
city  council  shall  cause  and  compel,  at  once,  said  owner  of  said 
building  to  connect  with  said  sewer  system  under  existing  ordi- 


Appendix.  Chap.  CXVI. 

nances  covering-  the  same.  No  buildings  will  be  allowed  to  con- 
nect with  said  sewer  system  until  a  permit  has  been  first  procured 
from  the  sewer  company  and  filed  in  the  city  clerk's  office  for  rec- 
ord. And  any  one  making  any  connection  with  any  part  of  said 
sewer  system,  without  first  having  obtained  the  permit  luTein  pre- 
scribed, shall  be  subject  to  a  fine  in  any  sum  not  less  than  twenty- 
five  nor  more  than  fifty  dollars,  recoverable  before  the  recorde-r, 
or  any  other  court  of  competent  jurisdiction. 

Sec.  7.  That  said  company,  its  successors  or  assigns,  as  the 
case  may  be,  shall  restore  the  surface  of  any  street,  avenue,  lane 
or  alley  beneath  the  surface  of  which  said  pipes  shall  be  laid,  to  as 
good  condition  as  it  was  in  previous  to  the  laying  of  the  pipes, 
and  whenever  the  company,  its  successors  or  assigns,  shall  ne- 
g'lect,  after  five  days'  notice  from  the  city  of  Galveston,  to  repair 
any  damage  to  any  street,  avenue,  lane  or  alley,  caused  by  said 
company,  its  successors  or  assigns,  the  said  city  may  have  the 
same  repaired,  and  may  collect  the  reasonable  costs  of  such  re- 
pairing from  said  company,  its  successors  or  assigns,  as  the  case 
may  be. 

Sec.  8.  The  said  company,  its  successors  or  assigns,  shall  be- 
gin the  construction  of  said  sewer  system  within  five  months  after 
this  ordinance  takes  efifect,  and  shall  complete  the  said  sewer  sys- 
tem, district  by  district,  within  such  time  as  the  city  may  require 
thereafter,  and  the  first  district  under  construction  shall  have  been 
completed  before  work  on  any  other  district  is  allowed  to  start. 

Sec.  9.  That  said  company,  its  successors  or  assigns,  is  not  to 
open  any  street,  lane,  avenue  or  alley  without  the  consent  of  the 
proper  authority. 

Sec.  10.  In  the  event  that  the  city  should  at  any  time  deter- 
mine to  construct  its  own  system  of  sewerage,  then,  in  that  event, 
it  shall  purchase  and  become  owner  of  all  the  sewerage  system  of 
this  company,  then  completed  or  in  process  of  actual  construction, 
at  a  price  or  valuation,  to  be  ascertained  or  fixed  by  arbitration, 
as  follows :  One  arbitrator  to  be  selected  by  the  city,  another  by 
the  sewer  company,  and  in  the  event  of  disagreement,  a  third  as 
umpire,  to  be  selected  by  these  two  arbitrators,  and  the  decision 
of  the  majority  to  be  final. 

Sec.  II.  The  said  city  shall  at  all  times  assist  the  said  com- 
panv,  its  successors  or  assigns,  either  by  the  passage  of  ordinances, 

s:?-  445 


Chap.  CXVI.  Appendix. 

or  by  such  other  action  as  may  be  necessary  to  carry  out  the  true 
mtent  and  meaning  of  this  ordinance,  to  the  end  that  said  com- 
pany, its  successors  and  assigns,  may  not  and  shall  not  be  inter- 
fered with  in- the  prosecution  of  the  construction,  management  or 
maintenance  of  said  sewers  in  any- of  the  avenues,  streets  or  alleys 
in  said  city  by  any  individual  or  corporation. 

Sec.  12.  That  the  said  sewer  company  shall  execute  and  deliver 
to  the  city  clerk,  for  the  benefit  of  the  city  of  Galveston,  a  good 
and  sufficient  bond  in  the  sum,  of  ten  thousand  dollars  ($10,000), 
payable  to  the  mayor,  or  his  successor  in  office,  conditioned  that 
said  sewer  company  will  faithfully  discharsfe  their  duties  and  com- 
ply with  their  contract  in  all  matters  relative  to  the  within  sewer 
system. 

Sec.  13.  This  ordinance  shall  take  efifect  from  and  after  its 
passage ;  provided,  that  the  plans  and  specifications  for  the  con- 
struction of  said  sewer  system,  after  the  same  shall  have  been 
adopted,  as  provided  for  in  section  3  of  this  ordinance,  shall  be 
considered,  and  the  same  are  hereby  made  a  part  of  this  ordinance. 


446 


INDEX  TO  APPENDIX. 


Anderson,  George—  Chapter 

Grant  to LXXIX 

Ball  Hkih  School — 

Soutli  half  block  31' I  set  apart  for  use  of  .  . LXIX 

Bonds — 

For  purchase  of  block  o21 I 

Galveston  thirty-year  limited  debt II 

Galveston  forty-year  limited  debt ....  Ill 

Waterworks,  street  improvement  and  city  hall IV 

Galveston  forty-year  limited  debt  of  1801 V 

General  indebtedness  funding  bonds  of  180.") VI 

Forty-year  waterworks  bonds  of  1896  .    .    .            VII 

Public  schoolhouse  bonds  of  1897 VIII 

General  indebtedness  funding  bonds  of  1897 IX 

Sewerage  bonds X 

Brush  Electric  Light  and  Power  Company,  grant  to  erect  poles 

and  wires. CX 

Charles  Clarke  and  associates,  grant  to  lay  oil-pipe  lines  .  .    .  CIV 

Commercial  Telephone  Company CXV 

Galveston  Bagging  and  Cordage  Company — 

Grant  to  use  streets LVIII 

Galveston,  Brazos  and  Colorado  Narrow  Gauge  Railway 
Company — 

Grant  of  right  of  way L 

Galveston  City  Railroad  Company — 

Contract  with XXX 

Grant  to  People's  Railway  Company XXXI 

Grant  of  right  of  way      XXXII 

Grant  of  right  of  way XXXIII 

Grant  of  right  of  way XXXIV 

Grant  of  right  of  way XXXV 

Revocation  of  grant XL 

Grant  to  change  to  electric  power LXXXIV 

Grant  of  right  of  way LXXXV 

Grant  for  oil-pipe  line LXXXVI 

Grant  to  lay  oil-pipe  line  and  tanks LXXXVII 

Grant  to  Charles  F.  Hotchkiss  et  al LXXXVIII 

Galveston  Gas  Company — 

Grant  to  Alfred  T.  James  and  others LlII 

3.3a 


xl 


IXDEX   TO   APPENDIX. 


Galveston,  Houston  and  Henderson  Railkoad  Company—  Chap. 

Grant  of  right  of  way XLIV 

Grant  of  right  of  way XLVII 

Grant  of  right  of  way XCII 

Grant  of  right  of  way XCIII 

Grant  of  right  of  way XCIV 

Grant  of  right  of  way      XCV 

Galveston  Jetty  Railway  Company— 

Grant  of  right  of  way XLIX 

Grant  of  right  of  AVay XLlXa 

Grant  of  right  of  way ....  LXXYIII 

Galveston  Wharf  and  Cotton  Press  Company— 

Act  of  incorporation LXII 

Amendment  of  charter LXIII 

Galveston  Wharf  Company — 

Act  of  incorporation LXIII 

Decree  of  compromi.se LXIV 

Confirmation  of  compromise  by  act  of  legislatnre LXV 

Grant  of  right  of  way  by  city  council      ...  LXVI 

Grant  of  right  of  way  by  legislature. LXVII 

Confirmation  of  grant  by  city  council LXVIII 

GuLE  City  Street  Railway'  and  Real  Estate  Company — 

Grant  to  T.  D.  Allan  and  associates XXXVI 

Grant  of  T.  D.  Allan  and  associates XXXVII 

Grant  of  right  of  way XXXYIII 

Grant  of  right  of  waj"^ XXXIX 

Grant  of  right  of  way XL 

Grant  of  right  of  way XLa 

Grant  of  right  of  way XLI 

Grant  of  right  of  way XLII 

Gulf,  Colorado  and  Santa  Fe  Railway  Company— 

Grant  of  right  of  way XLI II 

Grant  of  riglit  of  way XLIV 

Grant  of  right  of  way XLV 

Grant  of  right  of  way XLVI 

Grant  of  right  of  way XLVII 

Grant  of  right  of  way XLVIII 

Grant  of  right  of  way LXXXI 

Grant  of  right  of  way .  LXXXII 

Grant  of  right  of  way  , LXXXIII 

Galve?ton  and  Western  Railway' — 

Grant  of  light  of  way LII 

Galveston  Eope  and  Twine  Company — 

Granting  certain  rights  to LXXI 


INDEX   TO    APPENDIX.  xli 

Galveston  Cotton  and  Woolen  Mills —  Chap. 

Grantino;  certain  rights  to LXXII 

Galveston  Sewer  Cobipany — 

Grant  to  coustrnct  sewers LXI-CXVI 

Galveston,  LaPoute  and  Houston  Railway — 

Grant  of  right  of  way LXXXIX 

Grant  of  right  of  way XC 

Grant  of  right  of  way XCI 

Galveston  Beewing  Company — 

Grant  to  lay  r^iilroad  switches CVII 

Galveston  and  Western  Eailavay  Company — 

Grant  of  right  of  way LXXXIX 

Galveston.  Houston  and  Northern  Railway  Company — 

Grant  of  right  of  way XXVI 

Grant  of  right  of  way XXVII 

Grant  of  right  of  way XXVIII 

Grant  of  right  of  way XXIX 

CoLLis  P.  Huntington — 

Grant  to  construct  wharves,  cross  and  close  streets XCVII 

Grant  to  lay  railroad  tracks.  .        XCVIII 

Heidenheimer,  Sampson  and  Associates — 

Grant  to LVII 

Heffron,  Isaac,  and  Associates — 

Grant  to  construct  sewers LX 

A.  S.  Newson  and  Associates — 

Grant  for  telephone  line CVI 

Postal  Telegraph  Cable  Company — 

Grant  lo  erect  poles  and  wires CXI 

Henry  Rosenberg's  Executors — 

Erection  of  a  monument  on  Broadway CIX 

Ladd,  W.  F.,  and  Associates — 

Grant  to  construct  awnings  over  sidewalks LVI 

Sealy,  John,  Executors  of — 

Donation,  acceptance  of LIX 

Sealy  Hospital — 

South  half  of  block  No.  668  dedicated  to LIX 

Donation  of,  to  State  of  Texas LXX 

Leased  to  Texas  Medical  College  and  Hospital LXXVI 


Xlii  INDEX   TO    APPENDIX. 

South  Galveston  and  Gulf  Shore  Railroad  Company—  Chap. 

Grant  of  right  of  way  to LXXIY 

Southwestern  Telephone  and  Telegraph  Company— 

Grant  to  lay  underground  conduits CV 

Taxes,  Municipal — 

Levied  for  1894 XI 

Levied  for  189', XII 

Levied  for  189(1 XIII 

Levied  for  1897 XIV 

Levied  for  1898 .  XV 

Levied  for  1899 XVI 

Levied  for  1900 '    •    .  XVII 

Levied  for  1901 XVlIa 

Taxes,  School — 

Levied  for  1898 XVIIl 

Levied  for  1894 XIX 

Levied  for  1895 XX 

Levied  for  1896 XXI 

Levied  for  1897 XXII 

Levied  for  1898 XXIII 

Levied  for  1 899 XXIV 

Levied  for  1900 XXV 

Levied  for  1901 XXVa 

Texas-Mexican  Railway  Company — 

Grant  of  right  of  way  to LI 

Texas  Medical  College — 

Lease  to XXXVI 

Texas  Star  Flour  Mills — 

Grant  to  erect  huildings CVIII 

United  States  Government — 

Grant  of  right  of  way XCIX 

Grant  to  acquire  land  and  close  streets C 

Grant  of  right  of  way CI 

Grant  in  Denver  Resurvey CII 

Grant  for  coal  station Clll-CIIIa 

United  States  Telephone  and  Telegraphic  Company— 

Grant  of  right  of  way CXII 

Galveston  and  Bolivar  Steam  Ferry  Company — 

Right  to  establish  wharf  on  Seventh  street CXIV 

Galveston  and  Houston  Electric  Railway  Company — 

Grant  of  right  of  way CXIII 


CATALOGUE 

OF   THE 

CITY    GOVERNMENT 

FROM  ITS  INCORPORATION  MARCH,  1839,  TO  JUNE,  1893. 


March,  1839,  to  June,  1840.''' 
JOHN  M.  ALLEN,  Mayor. 

Aldermen  : 
Gail  Borden,  Jr.,  Joseph  Taylor, 

W.  B.  Nichols,  ■       John  C.  Shaw, 

C.   F.   Baumlin,  N.  Taylor, 

N.    Griffith,  C.  H.  Vanwinkle, 

John  S.  Evans,  N.  B.  Yard, 

B.  S.  Watson,  D.  S.  Kelsy, 

L.    Westcott,  C.  i\r.  Gahagan, 

John   Derrick. 
John  N.  Reed,  secretary ;  Leander  Westcott,  marshal ;  Peter 
J.    Menard,    treasurer ;    Lent    M.    Hitchcock,    harbor    master ; 
James  M.  McKnight.  recorder. 


June,  1840,  to  March,  1841. 
JOHN  H.  WALTON,  Mayor. 

Aldermen : 
Josh  C.  Shaw,  W.  B.  Nichols, 

Lent  M.  Hitchcock,  S.  W.  Tichenor, 

B.  A.  Shepherd,  Michael  Seeligson, 

Peter  J.  Menard.  John  D.   Groesbeck, 

John  S.  Sydnor. 
George    Haswell,    secretary ;    Leander    Westcott,    marshal ; 
William  Fields,  treasurer;  T-  Seldon,  harbor  master. 


*  The  board,  consisted  always  of  nine  aldermen,  but  several  resigned  in 
1839,  and  their  places  were  filled. 

t  In  1840  occurred  the  war  of  the  old  and  new  charter  parties.  From 
June  to  August,  Allen  and  Walton  both  claimed  to  be  mayor,  with  distinct 
aldermen.    Walton  and  the  new  charter  triumphed. 


448 


CITY  GOVERNMENT. 


1841. 

JOHN  \[.  ALLEN.  Mayor. 

Aldermen : 
Oscar    Parish, 
Lent  M.  Hitchcock, 
Stephen    Kirkland, 
James    Foiilhouze, 

R.  AL  Hannay. 

John  S.  Jones,  secretary ;  Leander  Westcott,  marshal ;  J.  M. 
Branham,  treasurer;  Lent  AI.  Hitchcock,  harbor  master. 


A.  J.  Cody, 
Jacob  L.  Briggs, 
S.  W.  Tichenor, 
W.  B.  Nichols. 


1842. 

J.  M.  BRANHAM.  Mayor 

Aldermen  : 
Hamilton  Stuart. 
Al.  A.   M.  Jackson, 
A.  Swingle, 
John  M.  Jones, 


Andrew  Baldinger. 
Oscar  Parish. 
Lent  M.  Hitchcock. 
William  Garlick. 


A.  C.  Crawford. 

Alfred    P.   James,   secretary;    Leander   Westcott,   marshal; 
T.  T.  Hopkins,  treasurer;  Lent  Al.  Hitchcock,  harbor  master. 


1843. 
JOHN  Al.  ALLEN.  Mayor. 

Aldermen  : 

Hamilton   Stuart,  Francis  O.  Brown, 

Lent  AL  Hitchcock,  Joshua  C.  Shaw, 

M.  Meugins,  Oscar  Parish. 

A.  J.  Alaynard,  E.  L.  Lfiford. 

John  S.  Jones,  secretary  ;  Leander  Westcott.  marshal ;  Frank 
Hitchcock,  treasurer;  Lent  AL  Hitchcock,  harbor  master;  F. 
H.   Alerriman.  recorder. 


CITY  GOVERNMENT.  449 

1844. 

JOHN    M.   ALLEN,   ^layor. 

Aldermen  : 
John  M.  Jones.  Lent  M.  Hitchcock, 

Jacob  L.  Briggs,  R.  P.  Jones, 

Joshua  C.  Shaw,  A.  J.  Maynard, 

E.  Sevier,  A.  C.  Crawford, 

John    Armstrong. 
Daniel    Marston,    secretary;   J.    H.    F.    Chapman,    marshal; 
Frank  Hitchcock,  treasurer;  N.  Hurd,  harbor  master;  Stacy 
B.    Lewis,   Aaron    Burns,   J.    Lambert,    port     wardens     (first 
authorized). 


1845. 
JOHN   M.  ALLEN,   Mayor. 

Aldermen  : 
Oscar  Farish,  James  Cronigan, 

John  H.  Bennett,  Jacob  L.  Briggs, 

A.  C.  Crawford,  John  Armstrong, 

John  M.  Jones,  Lent  M.  Hitchcock, 

Hamilton    Stuart. 
Daniel    Marston,    secretary;   J.    H.    1^^.    Chapman,    marshal; 
Frank  Hitchcock,  treasurer;  N.  Hurd,  harbor  master;  Aaron 
Burns,  J.   Sheldon,  J.   AI.   Seymour,  port  wardens. 


1846. 

JOHN  S.  SYDNOR,  Mayor. 

Aldermen  : 
Oscar  Farish,  A.   C.   Crawford, 

A.  J.  Maynard,  John  H.  Bennett, 

Simon  L.  Jones,  Hamilton   Stuart, 

Wm.  C.  Byrne,  x\ntone  Ofificier, 

H.    A.    Cobb. 
Daniel  Marston,  secretary;  Ferdinand  Flake,  marshal;  Lent 
M.    Hitchcock,    treasurer;    Luke    A.    Falvel,    harbor    master; 
Stacy  B.  Lewis,  Aaron  lUirns,  F.  C.  Cobb,  port  wardens. 


450  CITY  GOVERNMENT. 

1847. 

JOHN   S.   SYDNOR,   Mayor. 
Aldermen : 
Oscar  Parish,  A.  C.  Crawford, 

E.  L.  Ufford.  Josh  C.  Shaw. 

E.  S.  Wood,  "S.  W.  Tichenor, 

Stephen   Kirkland,  H.  A.  Cobb, 

A.  J.  Maynard. 
Daniel   Marston,  secretary;  W.  N.   Sparks,  marshal;   Lent 
AI.  Hitchcock,  treasurer;  R.  F.  Cobb,  harbor  master;   Stacy 
B.  Lewis,  Aaron  Burns.  J.  Perry,  port  wardens. 


1848. 

JOSEPH  BATES,  Mayor. 
Aldermen : 
John  L.  Darragh,  Morgan  L.  Parry, 

Geo.  H.  Delesdernier,  Lent  M.  Hitchcock, 

Stephen  Southwick,  James  G.  Hurd, 

James  M.  Brown,  ^^'illiam  R.  Smith, 

Michael  Seeligson. 
Daniel  Marston,  secretary;  John  Howe,  marshal;  Lent  M. 
Hitchcock,  treasurer;  Aaron  I^urns,  harbor  master;  N.  Hurd, 
Henry  Austin,  Charles  Behling,  port  wardens. 


1849. 
HAMILTON   STUART,  Mayor. 
Aldermen  : 
Morgan  L.  Parry,  Geo.  H.  Delesdernier, 

John  L.  Darragh,  Christopher   Fox, 

Charles  L.  Beissner,  Cephas  B.  Adams, 

Williams  R.  Smith,  E.  L.  Ufford, 

Ephraim  McLean. 
E.  A.  Rhodes,  secretary ;  N.  S.  Hill,  marshal ;  John  H.  Ben- 
nett, treasurer;  Aaron  Burns,  harbor  master;  Nathaniel  Hoyt, 
Henry  Austin,  Charles  Behling,  port  wardens. 


CITY  GOVERNMENT.  451 

1850. 

HAiMILTON  STUART,  Mayor. 
Aldermen : 
E.  P.  Hunt,  George  Ball, 

Charles  L.  Beissner,  Henry  Jonrneay, 

Joshua  C.  Shaw,  H.  A.  Cobb, 

Benjamin  Van  Buren,  George  H.  Delesdernier, 

E.   O.   Lynch. 
Wm.  M.  Sergeant,' secretary ;  Powell  R.  Edwards,  marshal; 
John  H.  Bennett,  treasurer;  Thos.  W.  Marshall,  harbor  mas- 
ter; Charles  Behling,  N.  Hoyt,  A.  P.  Lufkin.  port  wardens. 

1851. 
HAMILTON  STUART,  Mayor. 
Aldermen ; 
E.  P.  Hunt.  E.  O.  Lynch, 

Simon  L.  Jones,  Mark  M.  Potter. 

Geo.  H.  Delesdernier.  Charles  L.  Beissner, 

Henry  Journeay,  James  P.  Sherwood, 

Allen    Lewis. 
Wm.  M.  Sergeant,  secretary;  Powell  R.  Edwards,  marshal; 
Lent    i\L    Hitchcock,   treasurer;   Thos.   W.    Marshall,    harbor 
master;    N.     Hoyt,    Aaron     Burns,     Charles      Behling,    port 
wardens. 

1852. 

HAMILTON  STUART,  Mayor. 
x\ldermen  : 

E.  O.  Lynch,  Geo.  H.  Delesdernier, 
S.  Graves,                                       E.  L.  Ufford, 

F.  W.  Schmidt,  Edward  Keough, 
Cephas  B.  Adams,                         Wm.  t.  Crow, 

Charles  Behling. 
Wm.  M.  Sergeant,  secretary;  N.  S.  Hill,  marshal;  John  H. 
Bennett,  treasurer;   N.   Hoyt,  harbor   master;   A.   P.   Lufkin, 
H.  A.  Wilson,  H.  \\'.  Patrick,  port  wardens;  Edward  Drew, 
sexton. 


452  CITY  GOVERNMENT. 

1853- 

M.   SEELIGSON    (resigned),  WILLARD   RICHARDSON, 

Mayor. 

Aldermen  : 
John  S.  Jones.  Jacob   H.  Thackera, 

Michael  Jordan,  Christopher  Fox, 

Stephen  Kirkland,  Jacob  L.  Briggs, 

David  Webster,  John  P.  Davie, 

J.   H.   LePert.' 

Leroy  H.  Smith,  secretar}- ;  N.  S.  Hill,  marshal;  John  H. 
Bennett,  treasurer;  N.  Hoyt,  harbor  master;  H.  W.  Patrick, 
E.  L.  Ufford,  Dan  Phillips,  port  wardens ;  John  N.  Reed, 
searcher  of  vessels ;  Edward  Drew,  sexton. 


1854. 

JAMES  CROXICAX.  Mayor. 
Aldermen  : 
E.  Walbridge,  James  Sorley, 

Gilbert  Winnie,  John  S.  Jones, 

Edward  Hill.  Charles   L.    Beissner, 

P.  R.  Edwards.  Isidor  Dyer, 

Jacob  L.  Briggs. 
Leroy  H.  Smith,  secretary;  John  X'.  Reed,  marshal;  John 
H.  Bennett,  treasurer;  Thomas  W.  Marshall,  harbor  master; 
Daniel  Phillips,  Joshua  C,  Shaw,  George  Westrop,  port 
wardens;  Peter  Delbrel,  searcher  of  vessels;  Edward  Drew, 
sexton. 

[NOTE. — The  office  of  surveyor  has  been  filled  by  John  O.  Trueheart, 
John  DeYoung,  S.  P.  Brown  and  others;  that  of  weigher  by  William  M. 
Hudson,  A.  Allen,  Ira  Day,  N.  Parker,  H.  King.  George  B.'  Innis,  L.  W. 
Dake  and  H.  Julfs,  at  different  periods.  Some  offices  have  been  irregular. 
Until  1852  the  subordinate  officers  were  elected  by  the  council.  Resigna- 
tions not  noted  have  occurred,  and  the  vacancies  have  been  filled.  Much 
confusion  prevailed  in  1840,  in  consequence  of  the  new  charter  raising 
doubts;  so,  also,  in  1853;  but  the  elected  officers  all  held  theu-  seats. 
About  June,  however.  Mayor  heeligson  resigned,  and  was  succeeded  by 
Willard  Richardson  for  the  remainder  of  the  term.  The  secretary  has 
heretofore  been  termed  "city  clerk;"  under  the  new  charter  he  was  "desig- 
nated as  "secretary."] 


CITY  GOVERNMENT.  453 

1855. 

JAMES   E.   H  AVI  LAND,    Mayor. 
Aldermen  : 
Hamilton  Stuart,  H.   B.   Alartin, 

John  S.  Jones,  R.   H.   Howard, 

James  Cronican,  Jacob   L.   Briggs, 

Allen  Lewis,  Joseph  W.  Rice, 

P.  R.  Edwards. 
Leroy  H.  Smith,  city  secretary;  John  N.  Reed,  marshal; 
David  Wakelee.  treasurer;  Thomas  W.  Marshall,  harbor 
master;  Joshua  C.  Shaw,  Charles  Behling,  J.  W.  Wood,  port 
wardens ;  Peter  Delbrel,  searcher  of  vessels :  John  DeYoung, 
surveyor;  Edward  Drew,  sexton;  A.  Allen,  weigher. 


1856. 

JOHN    HENRY    BROWN,    Mayor. 
jVldermen  : 
Leslie   A.  Thompson,  Julius  Kauffman, 

John  L.  Darragh,  Charles  L.  Beissner, 

John   P.   Davie,  J.  W.   Benedict    (res.), 

E.  L.  Ufford,  N.  Lidstone, 

N.  B.  Yard  (vac),  William  Shields. 

Leroy  H.  Smith,  secretary  ;  John  N.  Need,  marshal ;  David 
Wakelee,  treasurer ;  Thomas  W.  Marshall,  harbor  master ; 
A.  P.  Lufkin,  Frank  Hitchcock,  Lewis  Parker,  port  wardens; 
Edward  Drew,  sexton ;  Peter  Delbrel,  searcher  of  vessels ; 
John  O.  Trueheart,  surveyor;  William  M.  Hudson,  weigher. 


1857. 


JOHN    HENRY    BROWN,    Mayor. 
Aldermen ; 
H.  Julfs,  T.  M.  League, 

L.  A.  Thompson,  C.  L.  Beissner, 

J.  S.  Sydnor,  D.  D.  Atchison, 

James  Magean,  A.  P.  Lufkin, 

M.  Menard,  B.  C.  Franklin, 

W.  Shields,  N.  Lidstone. 

Charles  E.  Thompson,  secretary;  John  N.  Reed,  marshal; 
William  C.  Griffith,  assessor  and  collector ;  David  Wakelee, 
treasurer;  Luke  A.  Falvel,  harbor  master;  John  DeYoung, 
surveyor;  Frank  Hitchcock,  Joseph  McLellan  and  Lewis 
Parker,  port  wardens;  William  M.  Hudson,  weigher,  ganger 
and  measurer ;  Peter  Delbrel,  searcher  of  vessels ;  Edward 
Drew,  sexton. 


454  CITY  GOVERNMENT. 

1858. 

THOMAS  M.  JOSEPH,  .Mayor. 

Aldermen : 

James  ^lagean,  Peter  J.  Menard, 

W.  Shields,  D.  D.  Atchison, 

C.  L.  Beissner,  C.  H.  Leonard, 

A.  P.  Liifkin,  P.  C.  Tucker, 

N.  Lidstone,  J.  L.  McKeen, 

H.  Journeay,  Julius  Fredericlr. 

John  N.  Reed,  marshal;  H.  Julfs,  assessor  and  collector; 
D.  Wakelee,  Jr.,  treasurer;  John  DeYoung,  surveyor;  Luke 
A.  Falvel,  harbor  master;  Frank  Hitchcock,  J.  L.  McClellan 
and  Lewis  Parker,  port  wardens;  B.  Theron,  weigher  and 
gauger;  Peter  Delbrel,  searcher  of  vessels;  Edward  Drew, 
sexton  ;  Charles  E.  Thompson,  secretary. 


1859. 

THOMAS  ^I.  JOSEPH,  Mayor. 

Aldermen : 

H.  Journeay,  E.  T.  Austin, 

Peter  J.  Menard,  John  Muller, 

D.  D.  Atchison.  A.  S.  Ruthven. 

C.  H.  Leonard,  G.  W.  Beissner, 

P.  C.  Tucker,  William   Thompson, 

J.  L.  McKeen,  J.  H.  Hutchings. 

John  N.  Reed,  marshal;  x\llen  Cameron,  assessor  and  col- 
lector; D.  Wakelee,  Jr.,  treasurer;  James  Magean,  harbor 
master ;  John  DeYoung,  surveyor ;  Peter  Delbrel,  searcher  of 
vessels ;  Edward  Drew,  sexton ;  Alex.  Pitt,  inspector  and 
gauger ;  Frank  Hitchcock,  Lewis  Parker  and  Samuel  Crow- 
ley, port  wardens ;  Charles  E.  Thompson,  secretary. 


CITY  GOVERNMENT.  .  455 

i860. 

THOMAS  M.  JOSEPH,  Mayor. 

Aldermen  : 

E.  T.  Austin,  J.  C.  Kiihn, 

John  Mnller,  F.  H.  Merriman, 

A.  S.  Ruthven,  C.  H.  Leonard, 
G.  W.  Beissner,  T.  A.  Wilson, 
William  Thompson,  H.  B,  Andrews, 
J.  H.  Hutchings,  M.  Kimley, 

B.  Tiernan,  L.  Behler, 
Theodore  Wagner.                        W.  Evans. 

John  H.  Westerlege,  marshal ;  Allen  Cameron,  assessor  and 
collector ;  Aaron  Burns,  harbor  master ;  D.  Wakelee,  Jr., 
treasurer;  M.  C.  Lawton,  surveyor;  B.  Magean,  searcher  of 
vessels ;  F.  Peters,  sexton ;  J.  J.  Jenny,  weigher  and  ganger ; 
Frank  Hitchcock,  Lewis  Parker  and  Luke  A.  Falvel,  port 
wardens;  J.  W.  Moore,  secretary. 


1861. 


THOMAS  M.  JOSEPH,  flavor. 

Aldermen : 

B.  Tiernan.  Theodore  Kleinecke, 
Theodore  Wagner,  F.  W.  Behrman, 

J.  C.  Kuhn,  G.  W.  Beissner, 

C.  H.  Leonard,  George  C.  Rains, 
Medard  Menard,                            E.  L.  Ufford, 

N.  Lidstone,  L  Dyer, 

H.  B.  Andrevv^s,  L.  Behler, 

M.  Kimley. 
John  H.  Westerlege,  marshal ;  Allen  Cameron,  assessor  and 
collector;  David  Wakelee,  Jr.,  treasurer;  Aaron  Burns,  harbor 
master;  Charles  Behling,  William  H.  Prowse  and  Frank 
Hitchcock,  port  wardens ;  Tipton  Walker,  surveyor ;  L.  An- 
toine,  searcher  of  vessels ;  M.  Cahill,  sexton ;  V.  Koenig, 
weigher  and  ganger;  J.  W.  Moore,  secretary. 


456  .  CITY  GOVERNMENT. 

1862. 

THOMAS  AI.  JOSEPH,  flavor. 

Aldermen  : 

Henry  B.  Andrews,  C.  L.  Behler, 

A.  Baldinger,  G.  W.  Beissner, 
I.   Dyer.  V.  Favrow, 

G.   W.    Grover.  Junker, 

F.  M.  Kauder,  George  C.  Rains, 

Christopher  Fox,  S.  B.  Hurlbiit. 

Theodore  Kleinecke,  C.  A.   Kaiiffman, 

B.  Tiernan.  E.  L.  Ufiford. 

John  FI.  Westerlage,  marshal ;  David  Wakelee,  treasurer ; 
R.  H.  Howard,  assessor  and  collector ;  Aaron  Burns,  harbor 
master;  Paul  Helferich,  surveyor;  J.  J.  Jenny,  weigher  and 
ganger;  F.  Gillett,  searcher  of  vessels;  JVI.  Cahill,  sexton; 
Frank  Hitchcock,  Lewis  Parker,  W.  H.  Prowse,  port  wardens; 
J.  W.  Moore,  secretary. 


1864. 
CHARLES   H.   LEONARD,   Mayor. 

Aldermen : 
Oscar  Parish,  H.  C.  L.  Aschoff, 

B.  Tiernan,  J.    Cronican, 

C.  Jordan,  E.  H.  Seiling, 
N.  Lidstone,  F.  N.  Kauder, 
H.    Reybaud,                                   J.   Shackleford, 

J.  P.  Nash.  ' 
James  P.  Cole,  recorder;  David  \\'akelee,  treasurer;  Sidney 
Scudder,  assessor  and  collector ;  J.  W.  Moore,  secretary ;  John 
H.    Westerlage,    marshal;    Nathan    Smith,    superintendent    of 
streets;  M.  Cahill,  sexton. 


CITY  GOVERNMENT.  457 

1865. 

CHARLES  H.   LEONARD,   Mayor. 

Aldermen  : 

E.  Neibor,  B.  Tiernan. 

E.  H.  Seiling,  L  F.  W.  Ahrens, 
James  P.  Nash,  J.  Cronican, 

C.  Jordan,  J.    Shackleford, 

F.  N.  Kaiuler,  J.  Bullacher. 

Sidney  Scudder,  assessor  and  collector ;  David  Wakelee, 
treasurer ;  John  H.  Westerlage,  marshal ;  J.  S.  Beers,  clerk ; 
M.  Cahill,  sexton;  William  H.  Prowse,  searcher  of  vessels; 
Andrew  \^erberne.  bell  rinsfer. 


1866. 

CHARLES   H.   LEONARD,   Mayor. 

Aldermen  : 

L  F.  W.  Aherns,  John    Bullacher, 

C.  Jordan,  E.  Neibor, 

H.   Reybaud,  B.  Tiernan, 

J.  Cronican,  Oscar   Parish, 

John    Shyenholtz,  R.  D.  Johnson, 

k.  L.  Ufford,  P.  H.  Carville. 

John  H.  Westerlage,  marshal ;  Sidney  Scudder,  assessor  and 
collector ;  David  Wakelee,  treasurer ;  Aaron  Burns,  harbor 
master ;  James  G.  Sewell,  secretary ;  W.  Prowse,  Lewis  Par- 
ker, J.  Foster,  port  wardens;  M.  Cahill,  sexton;  Dr.  Dowell, 
hospital  physician;  H.  Stuart,  city  printer;  J.  S.  Jones,  re- 
corder; R.  H.  Howard,  citv  attornev. 


458  CITY  GOVERNMENT. 

1867. 

J.  C.  HA VI LAND,  Mayor/^^ 

Aldermen : 

John  Bullacher,  Oscar  Farish, 

C.  Jordan,  H.   keybaud. 

B.  Tiernan,  R.  D.  Johnson, 

E.  L.  Ufford,  P.  Koehler,    • 

N.  B.  Yard,  P.  H.  Hennessey, 

P.  H.  Carville. 

Sidney  Scudder,  assessor  and  collector ;  James  G.  Sewell, 
city  clerk;  John  H.  Westerlage,  marshal;  M.  Hussey,  street 
commissioner;  Aaron  Burns,  harbor  master;  M.  F.  Mott,  city 
attorney ;  M.  Cahill,  sexton ;  H.  Mnnn,  W.  Prowse,  D.  Mc- 
Clusky,  port  wardens ;  Tipton  Walker,  city  surveyor ;  John 
McDonald,  lumber  inspector ;  Charles  L.  Buchner,  gauger 
and   weigher;    Hamilton    Stuart,    city    printer. 


i868t 
L    G.   WILLIAMS,    Mayor. 

Aldermen : 

N.  B.  Yard,  Oscar  Parish, 

P.  H.  Moser,  P.  H.  Hennessey 

John  Bullacher,  P.  H.  Carville, 

H.  Reybaud,  B.  Tiernan, 

C.  Jordan,  P.  Koehler, 

E.  L.  Ufford. 

James  G.  Sewell,  secretary. 


*  Mayor  J.  C.  Havilaiid  was  removed  from  office  by  order  of  Major- 
General  Griffin,  Jime  17,  1867,  and  I.  Ci.  Williams  appointed  to  fill  the 
vacancy. 

t  The  election  of  officers  for  1868  was  prohibited  by  military  orders, 
and  vacancies  caused  by  removal  or  other\\  ise  filled  by"  military  appoint- 
ment. 


CITY  GOVERNMENT. 


459 


1869. 

JA^IES   A.    McKEE,    flavor. 

Aldermen  : 
F.  C.  ]\Iosebach, 
Isaac  Aloses, 
J.  W.  Allen, 
Julius    Frederich. 

B.    Rush    Plumly. 

R.  Y.  Boiling,  city  clerk ;  J.  E.  Cowan,  assessor  and  col- 
lector;  Thomas  Cromer,  marshal;  H.  J.  Labatt,  treasurer; 
R.  T.  Bilderbeck,  weigher  and  ganger;  John  H.  Gallager, 
harbor  master;  John  G.  Falon,  surveyor  of  lumber  and 
shingles. 


A.  Somerville, 
Edward   T.   Austin, 
Selim   Rinker, 
Theodore  ^^^agner, 


1870. 

JA^IES   A.    McKEE,    Mayor. 

Aldermen  : 

Edward  T.  Austin.  Jesse  Stancel, 

Julius   Frederich,  F.  C.  Moseback, 

Selim  Rinker,  N.  Patten, 

J.  C.  Ogle.  Sanford  Mason, 

B.  Rush  Plumly,  D.  AI.  Baker, 

Theodore  Wagner.  Isaac  Moses. 

R.  Y.   Boiling,  cit}^  clerk. 


March  6,  1871. 

J A:\IES   a.    McKEE,    Mayor. 

Aldermen  : 


Julius   Frederich, 
W.  E.  Parker. 
Johnson  Reed, 
D.  M.  Baker, 
H.  Ballinger, 
Jesse  Stancel, 

T.  H.  L.  Payne,  city  clerk. 


F.  C.  Mosebach, 
J.  C.  Ogle, 
Sanford  Mason, 
J.  R.  T.  Haynes, 
Hamilton  Stuart, 
N.  Patten. 


460  CITY  GOVERNMENT.    . 

June  5,   1871. 
ALBERT  SOMERYILLE,  Mayor. 

Aldermen  : 

Tames  M.  P.roAvn,  Thomas  Baker, 

k.  Colwell,  Julius  Frederich. 

M.  Kopperl,  Wm.  E.  Parker, 

Henry  Rosenberg,  Hamilton  Stuart, 

John  Sealy,  J-  ?•  Cole, 

Nathan  Patten,  Johnson   Reed. 

C.  C.  Allen,  Citv  Clerk. 


1872. 

ALBERT  SOMERYILLE,  Mayor. 
Aldermen : 
Thomas  Baker,  J.  M.  Brown, 

T.  P.  Cole,  Robert  Colwell,* 

Julius   Frederich,  M.  Kopperl, 

M.  V.  McMahan,  N.   Patten, 

Johnson   Reed,  John   Sealy, 

Hamilton  Stuart,  Sidney  Scudder,t 

Henry  Rosenberg. 

J.  C.  Ogle,  superintendent  of  streets;  C.  C.  Allen,  city  clerk; 
John  S.  Rhea,  recorder ;  Luke  A.  Falvel,  harbor  master ;  A. 
Hoxie,  city  engineer;  C.  S.  Sabin,  attorney;  D.  Wakelee, 
treasurer ;  Charles  H.  Leonard,  collector ;  J.  P.  Harrison,  as- 
sessor; Dr.  George  W.  Peete,  health  physician;  Dr.  C.  Camp- 
bell, hospital  physician;  L^  G.  Baker,  immigration  agent;  J. 
Hannay  and  R.  J.  Crozier,  health  inspectors;  A.  W.  Kempton, 
chief  of  police ;  E.  McCormick,  deputy  chief  of  police  ;  John 
H.  Westerlage,  chief  engineer  fire  department. 

'"  Removed.  t  Appointed  vice  Colwell. 


CITY  GOVERNMENT.  461 

1873- 

C.  W.   HURLEY,   flavor. 

Aldermen  : 
H.  Ballinger.  C.  Jordan, 

J.  C.  Ogle,  J.  H.  F.  Chapman, 

John  DeBruehl,  Charles  Fowler. 

J.  W.  Jockusch,  F.  D.  Mitchell. 

George  Sealy,  P.  H.   Carville, 

T.  K.  Hawkins,  F.  C.  Mosebach. 

C.  C.  Allen,  city  clerk;  \\' alter  L.  Mann,  city  attorney;  D. 
Wakelee.  treasurer;  J.  P.  Harrison,  assessor;  Charles  H. 
Leonard,  collector ;  Martin  McDermott,  superintendent  of 
streets;  G.  M.  Frazell,  engineer;  Ed  Collier,  recorder;  John 
H.  Westerlage.  chief  of  police ;  Dr.  George  W.  Peete,  health 
physician ;  Dr.  C.  Ganahl,  hospital  physician ;  C.  Blakeman, 
harbor  master ;  David  AlcCluskey.  AMlliam  Green,  port  war- 
dens;  M.  Cahill.  city  sexton. 


1874. 

C.  W.   HURLEY,   Mayor. 

Aldermen : 
C.  Jordan,  Frank  Marlow, 

J.  C.  Ogle,  X.  B.  DeBray, 

J.  W.  Jockusch,  George  Sealy, 

J.  H.  F.  Chapman,  Charles  Fowler, 

P.  H.  Hennessy,  P.  H.  Carville, 

T.  K.  Hawkins,  F.  C.  Mosebach. 

C.  C.  Allen,  city  clerk;  W.  L.  Mann,  city  attorney ;  B.  AL 
Hobby,  treasurer;  F.  C.  Jeffrey,  assessor;  C.  H.  Leonard,  col- 
lector ;  T.  A.  Washington,  superintendent  of  streets,  vice 
Hardy  Eddins,  resigned;  A.  Cross,  engineer;  R.  M.  Tevis, 
recorder;  John  H.  Westerlage,  chief  of  police;  M.  M.  Jordan, 
deputy  chief  of  police;  Dr.  George  W.  Peete.  health  phy- 
sician: W.  H.  Prowse,  health  inspector;  Dr.  C.  Ganahl,  hos- 
pital physician;  C.  Blakeman,  harbor  master;  Daniel  Mc- 
Cluskey,  William  Green,  W.  F.  Rogers,  port  wardens ;  M. 
Coffee,  market  inspector;  John  Highland,  lumber  inspector; 
U.  G.  Baker,  immigration  agent ;   M.  Cahill,  city  sexton. 


462  CITY  GOVERNMENT. 

1875. 

R.   L.   FULTON,   Mayor. 

x\ldermen  : 
C.  Jordan,  Frank  Alarlow, 

Andrew  Munn,  Felix  Halff, 

C.  M.  ]\Iason,*  George  Sealy, 

William  Boyd,  J.   H.   F.   Chapman, 

P.H.  Hennessy,  P.  H.  Carville, 

George  B.  Nichols,  Fitzhugh  Ward.f 

E.  O'C.  Mclnerney,  city  clerk;  A.  H.  Willie,  city  attorney; 
B.  M.  Hobby,  treasurer;  John  N.  Stowe,  assessor;  F.  R.  Lub- 
bock, collector;  B.  Loughrey,  superintendent  of  streets;  T.  A. 
Washington,  engineer;  Leslie  Thompson,  recorder;  John  H. 
Westerlage.  chief  of  police;  Dr.  Walter  F.  Blunt,|  health 
physician ;  Dr.  Clark  Campbell,  hospital  physician  ;  John  Cot- 
ter, harbor  master;  William  Green,  D.  xVlcCluskey,  W.  F. 
Rogers,  port  wardens;  C.  T.  McMahan,  city  sealer;  N.  Lid- 
stone,  lumber  inspector;  M.  Cahill,  city  sexton. 


1876. 
R.   L.   FULTON,    Mayor. 

Aldermen  : 

Frank  Alarlow,  Andrew  Munn, 

George  A.  Hill,  Felix  Halff, 

C.  M.  Mason,  George  Schneider, 

William  Boyd.  L  Dyer,§ 

P.  H.  Hennessy,  P.  H.  Carville, 

C.  B.  Lee,  George  B.  Nichols. 

E.  O'C.  Maclnerney,  city  clerk;  George  Mason,  city  at- 
torney; N.  Weekes,  treasurer:  C.  F.  White,  assessor;  F.  R. 
Lubbock,  collector;  B.  Lougherty.  superintendent  of  streets; 
T.  A.  Washington,  city  engineer;  John  H.  Westerlage,  re- 
corder; Joseph  Atkins,  chief  of  police;  Dr.  W.  F.  Blunt,  health 
physician ;  Dr.  C.  Campbell,  hospital  physician  ;  C.  Blakeman, 
harbor  master;  M.  Cahill,  city  sexton;  David  McClusky,  Wm. 
Green,  W.  F.  Rogers,  port  wardens ;  M.  A.  Davy,  chief  engi- 
neer fire  department ;  Joseph  Gonzales,  lumber  inspector ; 
Thomas  Flourney,  citv  sealer;  B.  M.  Hobby,  city  auditor. 

*  Elected  November  16,  1875,  vice  J.  P.  Davie,  resip;ned. 

t  Elected  July  7,  1875,  vice  F.  C.  Mosebach,  resigned. 

t  Elected  October  4,  1875,  vice  George  W.  Peete,  drowned   September 

16,  1875. 
§  Resigned  August  8,  1876. 


CITY  GOVERNMENT.  463 

1877. 

D.    C.    STONE.    Mayor. 

Aldermen  : 

N.  H.  Ricker,  C.  H.  Moore, 

Thomas  Collins.  B.  R.  Davis, 

F.  D.  Mitchell,  A.  M.  Campbell, 

Julius  Rnng-e,  J.  H.  Hurt, 

J.  D.  Skinner,  James   Hickey, 

J.  Zeigler,  C.  E.  Richards. 

P.  S.  Wren,  city  clerk;  F.  Charles  Hume,  city  attorney;  J. 
M.  O.  Menard,  treasurer;  J.  W.  Jockusch,  assessor;  F.  R. 
Lubbock,  collector;  M.  McDermott.  overseer  of  streets;  R.  ?^!. 
Tevis,  recorder;  J.  A.  Owen,  chief  of  police;  Dr.  C.  H.  Wilkin- 
son, health  physician ;  Dr.  C.  Campbell,  hospital  physician ;  J. 
W.  Breedlove.  city  engineer;  C.  Blakeman,  harbor  master; 
M.  A.  Davey,  chief  engineer  fire  department ;  E.  McCormick, 
fire  warden;  B.  M.  Hobby,  *city  auditor;  C.  G.  Clifford,  city 
auditor;  D.  McCluske}^^  W.  F.  Rogers,  A.  Wakelee,  port 
wardens;  M.  Cahill.  city  sexton;  James  Day,  city  sealer. 


1878. 
D.    C.    STONE,    Mayor. 

Aldermen : 

Frank  Marlow,  P.  Barry, 

Thomas  Collins,  B.  R.  Davis, 

F.  D.  Mitchell,  A.  M.  Campbell. 

Julius  Runge,  J.  C.  Franz, 

J.  Wegner,  James  Hickey,t 

J.  Zeigler,  C.  E.  Richards. 

P.  S.  Wren,  city  clerk ;  George  P.  Finlay,  fcity  attorney ; 
R.  V.  Davidson,  §city  attorney;  F.  Use,  city  auditor;  R.  J. 
John,  treasurer;  J.  M.  O.  Menard,  assessor;  R.  A.  Burney, 
collector;  P.  D.  Hickey,  overseer  of  streets;  M.  L.  Lynch,  city 
engineer;  R.  T.  Byrne,  recorder;  M.  M.  Jordan,  chief  of  police ; 
Dr.  C.  Campbell,  health  and  hospital  physician  ;  J.  H.  Routan, 
harbor  master;  John  H.  Westerlage,  chief  engineer  fire  de- 
partment; E.  McCormick,  fire  warden;  J.  R.  VanLiew,  W.  F. 
Rogers,  A.  Wakelee,  port  wardens;  M.  Cahill,  city  sexton. 


*  Resigned  August,  1877.  §  To  fill  vacancy.  t  Resigned. 

35— 


464 


CITY  GOVERNMENT. 


1879. 

CHARLES  H.   LEONARD,   Mayor. 


Aldermen 


Frank  Marlow. 

E.  E.  Crawford. § 

F.  D.  Mitchell. 
Julius  Runge. 
D.  G.  Kelly, 
R.  C.  Jennett,f 


P.   Barry. 
B.  R.  Davis, 
Thomas  Collins, 
J.  C.  Franz. 
T.  H.  Sweeney. 
y.  Wegner, 


C.  E.  Richards. 

P.  S.  Wren,  city  clerk ;  R.  V.  Davidson,  city  attorney ;  R. 
J.  John,  treasurer;  George  Sealy,ll  treasurer;  F.  Use,  city 
auditor;  L  Holstein,  assessor;  R.  A.  Burney,  collector;  P.  D. 
Hickney,  overseer  of  streets;  A.  Hoxie.  city  engineer;  Hugo 
Brosig,  recorder;  Joseph  Atkins,  chief  of  police;  Dr.  C.  Camp- 
bell, health  physician;  J.  H.  Routan,  harbor  master;  John 
H.  Westerlage.  chief  engineer  fire  department ;  Peter  Merry, 
fire  warden ;  Ed.  Burnes,  A.  Wakelee.  E.  R.  Rivers,  port 
wardens;  M.  Cahill.  citv  sexton. 


1880. 
CHARLES   H.   LEONARD.   Mayor. 


Aldermen 


Frank  Marlow. 

B.  R.  Davis. 
G.  H.  Mensing, 
P.  Barry, 

A.  V.  Richard, 

C.  M.  Pearre. 


John   Wegner, 
T.  H.  Sweeney, 
Frank  D.   Mitchell, 

D.  G'.  Kelly. 

E.  E.  Crawford, 
C.  E.  Richards. 


P.  S.  Wren,'''  city  clerk ;  Alexander  Easton,  assistant  city 
clerk  ;t  F.  Use,  auditory  R.  A.  Burney,  collector;  L  Holstein, 
assessor;  R.  V.  Davidson,  city  attorney;  E.  \l.  Hartrick,  city 
engineer ;  Joseph  Atkins,  chief  of  police ;  A.  M.  Campbell,  re- 
corder;  J.  H.  Routan.  harbor  master;  George  Sealy,  treasurer; 
M.  Cahill,  city  sexton ;  John  Williams,  overseer  of  streets ; 
E.  AlcCormick,  fire  warden ;  Thos.  Peacock.  W.  F.  Rogers, 
Gus  Wakelee,  port  wardens. 


§  Elected  December  15,  1879,  to  lill  vacancy.         ||  Elected  June,  1879. 
*  Resigned  November,  1880.  "  t  Resigned. 

$  Resigned   and   elected   clerk   November   22.    and   Richard    H.    Tiernan 
elected  auditor  November  22,  1880,  to  fill  vacancv. 


CITY  GOVERNMENT. 


465 


I88I. 

L.   C.   FISHER.   Mavor. 


Ald( 


Frank  Marlow, 
I.  Heffron, 
T.  H.  Sweeney, 
John  A.   Cotter. 
E.  E.  Crawford, 
Joe  Levi, 


H.  W.  Jaeger. 
G.  H.  Mensing, 
Pat  Barry, 
A.  V.  Pichard, 
C.  M.  Pearre, 
John  Wegner. 


F.  Use,  city  clerk;  P.  Walker,  assistant  city  clerk;  J.  Liber- 
man,  assessor,  resigned  April  18,  1881,  Thomas  Gilbert  elected 
to  fill  vacancy;  F.  H.  McMahan,  collector;  George  Sealy, 
treasurer;  R.  V.  Davidson,  attorney;  A.  M.  Campbell,  re- 
corder; Joseph  Atkins,  chief  of  police  ;  R.  H.  Tiernan,  auditor; 
J.  H.  Routan,  harbor  master;  W.  F.  Rogers,  Thomas  Peacock, 
A.  Wakelee,  port  wardens ;  E.  M.  Hartrick.  engineer ;  John 
Williams,  overseer  of  streets ;  William  MoiTat,  fire  warden ; 
M.   Cahill,  sexton. 


1882. 


L.   C.   FISHER,   Mayor. 


Aldermen 


Frank    Marlow. 
I.  Heffron, 
C.  C.  Allen, 
T.  H.  Sweeney, 
Pat  Barry. 
John   A.   Cotter. 


Ed.  Ketchum, 
E.  E.  Crawford, § 
C.  M.  Pearre,! 
Joe   Levi. 
John  Wegner, 
H.  W.  Yeager. 


F.  Use,  clerk;  Joseph  F.  Nash,  assistant  clerk;  Thomas  Gil- 
bert, assessor;  V.  H.  McMahan,  collector;  Joseph  Atkins, 
chief  of  police;  James  B.  Stubbs,  city  attorney;  D.  G.  Kelly, 
recorder;  E.  M.  Hartrick,  engineer;  George  Sealy,  treasurer; 
R.  H.  Tiernan,  auditor;*  J.  H.  Routan,  harbor  master;  W.  F. 
Rogers,  Thomas  Peacock,  A.  Wakelee,  W.  J.  Smith,  port 
wardens ;  M.  Cahill,  sexton ;  John  Williams,  overseer  '.)f 
streets;  William  Moffat,  fire  warden;  T.  Morgan,  janitor. t 


'^  Resigned  and  J.  W.  Jockusch  elected  to  fill  vacancy. 

t  Died,  and  John  Czeske  elected  to  fill  vacancy. 

t  Resigned   October   2d,    1882,   and   Ed.   Knowles    elected   October 

1882,  to  Mil  the  vacancy. 
§  Resigned  May  3d.  1882,  and  W.  H.  Nichols  elected  June  5th,  188:5,  to 

fill  the  vacancy. 


Kith, 


466 


CITY  GOVERNMENT. 


1883. 

R.   L.   FULTON,   Mayor. 

Aldermen : 

Frank  Marlow,  Ed.  Ketchuni, 

I.  Heffron,  T.  A.  Washington, 

C.  C.  Allen,        '  Ed.  Knowles, 

Louis   Falkinthal,  Joe  Levy, 

Pat  Barry,  John  Wegner, 

John  A.  Cotter,*  N.   W.   Cuney. 

C.  T.  McMahan,  city  clerk,  resigned  August,  1883,  and  D. 
J.  Buckley  appointed  August  i,  1883;  J.  T.  Owen,  assistant 
clerk;  Gus  McKernon,  chief  of  police  ;t  James  B.  Stubbs,  city 
attorney;  L.  C.  Fisher,  collector;  J.  S.  Vedder,  assessor;  Sid- 
ney T.  Fountaine,  recorder;  E.  M.  Hartrick,  engineer;  L. 
Eldridge,  overseer  of  streets ;  Dr.  Wm.  Penny,  health  in- 
spector; Thomas  Chubb,  harbor  master;  J.  R.  Van  Liew, 
Thomas  Peacock,  W.  J.  Smith,  J.  Cohn,  port  warden.-*;  Joh'^ 
F.  Behrman,  auditor,  resigned  September  4,  and  F.  T. 
L'Estrange  was  elected  September  8,  1883,  to  fill  the  vacancy; 
Wm.  Oldenburg,  fire  warden ;  Wm.  Moflfat,  chief  engnieer 
fire  department;  M.  Cahill,  city  sexton. 


*  Resigned  April  16,  1883,  and  Frank  D.  Mitchell  elected  June  13,  1883, 

to  fill  vacancy. 
t  Resigned  April  23,  1883,  and  M.  M.  Jordan  appointed  to  fill  vacancy. 


CITY  GOVERNMENT,  467 


1884-5. 

R.   L.    FULTON,   Mayor. 

Aldermen  : 

N.  W.  Cuney,  F.  D.  Mitchell, 

D.   Fahey,  A.  J.  Musgrove, 

L.  Falkenthal,  J.  D.  Sherwood, 

I.  Heffron,  A.  D.  Smith, 

John  Grothgar,  J.  H.  Washington. 

J.  Levy,  John  Wegner. 

D.  J.  Buckley,  city  clerk;  J.  T.  Owen,  assistant  clerk;  'SI.  M. 
Jordan,  chief  of  police ;  James  B.  Stubbs,  city  attorney ;  L.  C. 
Fisher,  collector;^  J.  S.  Vedder,  assessor;  S.  T.  Fontaine,  re- 
corder; E.  AL  Hartrick,  city  engineer;  L.  Eldridge,  overseer 
of  streets ;  Dr.  Wm.  Penny,  health  physician ;  Thos.  Chubb, 
harbor  master;  J.  R.  Van  Liew,  Thomas  Peacock,  W.  J.  Smith, 
J.  Cohn,  port  wardens;  F.  T.  D'Estrange,  auditor;  Wm.  Ol- 
denburg, fire  warden  ;§  Wm.  Mofifat,  chief  engineer  fire  de- 
partment ;||  M.  Cahill,  city  sexton;  Julius  Runge,  city  treas- 
urer ;  T.  D.  Gilbert,  assistant  collector. 

t  Resigned  January  5,  1885,  John  A.  McCoi  mick  elected  to  fill  vacancy. 
§  Resigned  February  2,  1885,  J.  F.  Burk  elected  to  fill  vacancy. 
II  Wm.   Oldenburg  elected  chief  engineer   fii"e  department   in  January. 
1885. 


468 


CITY  GOVERNMENT. 


1885-6. 

R.  L.  FULTON.  Mayor.* 

/\ldermen  : 
J.  M.  O.  Menard,  E.  A.  Smith.t 

H.  Rosenberg,  Dr.  J.  L.  Large, 


Jas.  D.  Sherwood, 
Geo.  Schneider,  Sr., 
James  McDonald, 
N.  W.  Cunev.t 


Albert  Weis, 
J.  G.  Goldthwaite, 
Chas.  Fowler,  Sr., 
C.  B.  Lee, 

D.  J.  Buckley,  city  clerk  ;§  G.  B.  Settle,  assistant  clerk  ;  F.  T. 
L'Estrange,  auditor;  J.  S.  Vedder,  assessor;  Jno.  A.  McCor- 
mick,  collector;  H.  F.  Christian,  assistant  collector;  Julius 
Runge,  treasurer ;  Geo.  P.  Finlay,  attorney ;  Thos.  Chubb,  har- 
bor master;  H.  T.  Wilson,  engineer;  M.  M.  Jordan,  chief  of 
police  ;||  S.  T.  Fontaine,  recorder;  J.  W.  Jockusch,  purchasing 
agent;  Thos.  S.  Kendall,  fire  warden;^  M.  R.  Brown,  health 
physician;!  Samuel  Gallway,  city  sexton;  F.  Boddeker,  janitor 
and  messenger;  T.  C.  Armstrong.  C.  W.  Preston  and  Chas. 
Vidor,  board  of  appraisement;  W.  P.  Manning,  W.  B.  Hutch- 
ings  and  A.  B.  Everett,  port  wardens;  Wm.  Oldenburg,  chief 
engineer  fire  department ;  H.  L.  Matthews,  assistant  engineer 
fire  department. 


*  Election  April  6, 1885,  J.  Atkins  was  elected  mayor.  New  election  or 
dered  for  May  11,  1885,  and  R.  L.  Fulton  elected  mayor. 

t  Resigned  December  7,  1885,  and  W.  J.  Hughes  elected  to  fill  vacancy. 

j  C.  J.  Allen  declared  elected  1885;  N.  W.  Cuney  declared  elected  April 
29,1885. 

^  J.  W.  Kelley  appointed  city  clerk  May  5,  1885,  D.  J.  Buckley  re-ap- 
pointed May  21,  1885. 

II  Gus  McKernon  appointed  chief  of  police  April  16,  1885,  M.  M.  Jordan 
re-appointed  May  21,  1885. 

T[  Office  abolished  by  ordinance  approved  September  23,  1885. 

t  Eesigned  October  19,  1885,  H.  P.  Cooke  elected  November  16,  1885,  to 
fill  vacancy. 


CITY  GOVERNMENT.  4^9 


1886-7. 

R.    L.   FULTON.   Mayor. 

Aldermen  : 

J.  M.  O.  Menard,  W.  J.  Hughes, 

H.  Rosenberg,  D.  J.  L.  Large, 

Alb.  Weis,    ■  J.  D.  Sherwood. 

J.  G.  Goldthwaite.  Geo.  Schneider,  Sr., 

Chas.  Fowler,  Sr..  Jas.  McDonald. 

C.  B.  Lee,  N.  W.   Cnney. 

D.  J.  Buckley,  city  clerk;  G.  B.  Settle,  assistant  clerk;  F.  T. 
L'Estrange,  auditor ;f  J.  S.  Vedder,  assessor;  John  A.  McCor- 
mick,  collector;  H.  F.  Christian,  assistant  collector;  Julius 
Runge.  treasurer;  Geo.  P.  Finlay,  city  attorney;  Thos.  Chubb, 
harbor  master;  H.  T.  Wilson,  engineer;  M.  M.  Jordan,  chief 
of  police;  S.  T.  Fontaine,  recorder;  J.  W.  Jockusch,  purchasing 
agent ;  H.  P.  Cooke,  health  physician  ;  Samuel  Gallway,  city 
sexton  ;:|:  F.  Boddeker.  janitor  and  messenger;  E.  Ketchum,  H. 
Bautsch  and  C.  E.  Richards,  board  of  appraisement ;  W.  P. 
Manning,  W.  B.  Hutchings  and  A.  B.  Everett,  port  wardens; 
Wm.  Oldenburg,  chief  engineer  fire  department ;  H.  L.  Mat- 
thews, assistant  engineer  fire  department. 

t  Resigned  May  3,  1886;  Wm.  Selkirk  elected  May  17.  1886,  to  fill  vacancy. 
j  Died;  aud  John  Schwab  elected  May  17,  1886,  to  fill  vacancy. 


470 


CITY  GOVERNMENT. 


1887-8. 

R.   L.   FULTON,   Alayor. 

Alderman  : 

E.  H.  Fordtran,  A.  Heiman, 

J.  Reymershoffer,  C.  M.  Hausinger, 

W.  S.  Griffin,  M.  Ullmann, 

R.  W.  Shaw,  C.  ^1.  Mason, 

Charles  Fowler,  Sr.,  James  McDonald, 

C.  B.  Lee,  C.  J.  Allen. 

D.  J.  Buckley,  city  clerk ;  B.  P.  Knoll,  assistant  clerk  ;  Wm. 
Selkirk,  auditor;  J.  S.  Vedder,  assessor;  John  A.  McCormick, 
collector;  John  T.  Owen,  assistant  collector;  Julius  Runge, 
treasurer ;  Geo.  P.  Finlay,  city  attorney ;  Thos.  Chubb,  harbor 
master;  H.  T.  Wilson,  engineer;  M.  M.  Jordan,  chief  of  police; 
S.  T.  Fontaine,  recorder;  J.  W.  Jockusch,  purchasing  agent ;  H. 
P.  Cooke,  health  physician;  J.  W.  Shimmins,  city  sexton;  F. 
Boddeker,  janitor  and  messenger;  E.  Ketchum,  H.  Bautsch  and 
L  Lovenberg,  board  of  appraisement ;  W.  P.  Manning,  W.  B. 
Hutchings  and  A.  B.  Everett,  port  wardens;  Wm.  Oldenburg, 
chief  engineer  fire  department;  Miles  Crowley,  assistant  engi- 
neer fire  department ;  Albert  Weis,  J.  M.  Brown,  W.  F.  Beers, 
J.  A.  Cotter  and  N.  W.  Cuney,  board  of  commissioners  of 
waterworks ;  Daniel  J.  Buckley,  secretarj-  pro  tem. 


CITY  GOVERNMENT. 


471 


1888-9. 

R.    L.    FULTON,    Mayor. 

Aldermen : 

E.  H.  Fordtran,  A.  Heiman, 

R.  Reymershoffer,  C.  M.  Hausinger, 

W.  S.  Griffin,  M.  Ullmann, 

R.  W.  bhaw,  C.  ^I.  Mason, 

Chas.  Fowler,  Sr.,  Jas.  McDonald, 

C.  B.  Lee,  C.  J.  Allen. 

D.  J.  Buckley,  city  clerk;  B.  P.  Knoll,  assistant  clerk;  Wm. 
Selkirk,  auditor;  J.  S.  Vedder,  assessor;  John  A.  McCormick, 
collector ;  John  T.  Owen,  assistant  collector ;  Julius  Runge, 
treasurer;  Geo.  P.  Finlay,  city  attorney;  Thos.  Chubb,  harbor 
master;  H.  T.  Wilson,  engineer;  M.  M.  Jordan,  chief  of  police; 
J.  W.  Jockusch,  purchasing  agent ;  H.  P.  P.  Cooke,  health  phy- 
sician;  Jno.  W.  Shimmins,  city  sexton;  F.  Boddeker,  janitor 
and  messenger;  E.  Ketchum,  H.  Bautsch  and  L  Lovenberg, 
board  of  appraisement ;  W.  P.  Manning,  W.  B.  Hutchings  and 
A.  B.  Everett,  port  wardens;  Wm.  Oldenburg,  chief  engineer 
fire  department;  Miles  Crowley,  assistant  engineer  fire  depart- 
ment; Alb.  Weis,  J.  M.  Brown,  W.  F.  Beers,  N.  W.  Cuney 
and  Wm.  Crooks,  board  of  commissioners  of  waterworks ; 
Jno.  A.  Cotter,  superintendent;  E)aniel  J.  Buckley,  secretary 
pro  tem. 


472 


CITY   GOVERNMENT. 


1889-90. 

R.   L.    FULTON,   Mayor. 

Aldermen  : 

Chas.  Clarke,  T.  W.  Jackson, 

J.  Reymershofifer,  C.   M.  Hausinger, 

W.  S.  Griffin.  M.  Ullmann, 

R.  W.  Shaw,  C.  M.  Mason, 

Chas.  Fowler,  Sr.,  John  Wegner. 

C.  B.  Lee,  C.  J.  Allen. 

D.  J.  Buckley,  city  clerk;  E.  O.  Mclnerney,  collector;  J.  D. 
Sherwood,  assessor;  Julius  Runge,  treasurer;  Thos.  Chubb, 
harbor  master;  Wm.  Selkirk,  auditor;  H.  T.  Wilson,  city  engi- 
neer; H.  P.  Cooke,  health  physician  ;  J.  W.  Jockusch,  purchas- 
ing agent ;  A.  R.  G.  Edwards,  sexton  ;  F.  W.  Chase,  W.  P. 
Manning,  A.  B.  Everett,  port  wardens;  Wm.  Oldenburg,  chief 
fire  department;  Miles  Crowley,  assistant  chief  fire  depart- 
ment; Samuel  W.  Jones,  city  attorney;  Jerry  Lorden,  chief  of 
police. 


1890-91. 
R:  L.   FULTON,   Mayor. 

Aldermen  : 


Chas.  Clarke, 
J.  Reymershoffer, 
W.  S.  Griffin, 
R.  W.  Shaw, 
Chas.  Fowler,  Sr., 
C.  B.  Lee, 


T.   W.  Jackson, 
Pierce  Levine,* 
M.  Ullmann, 
C.  M.  Mason, 
John  Wegner, 
-C.  J.  Allen. 


*  Elected  to  fill  vacancy  of  C.  M   Hausing,  deceased. 
City  officers  were  same  as  for  preceding  year. 


CITY   GOVERNMENT. 


473 


1891-92. 

R.    L.    FULTON,    Mayor. 
Aldermen  : 


1st  ward — Wm.  Andrews. 
2d  ward — T.  J.  Gallagher. 
3rd  ward — Thos.  Goggan. 
4th  ward — J.  H.  Bolton. 
5th  ward — P.  Walsh. 
6th  ward — Thos.  H.  Nolan. 


Tth  ward — P.  N.  Harris. 
8th  ward — P.  Levine. 
9th  ward — L.  Schmidt, 
loth  ward — B.  Levy, 
nth  ward — John  Wegner. 
1 2th  ward — C.  T-  Allen. 


Aldermen  at  Large : 
J.  Reymershoffer,  C.  F.  Kaiser, 

Chas.  Fowler,  Jos.   E.  Mason. 

D.  J.  Buckley,  city  clerk;  W.  R.  Fulton,  assistant  clerk;  R. 
H.    Tiernan,    auditor ;    J.    D.    Sherwood,    assessor ;    E.    O.    C. 
Mclnerney,     collector ;     E.     McCarthy,     treasurer ;     H.     W. 
Rhodes,  city  attorney;  Jas.  McDonald,  harbor  master;  H.  T. 
Wilson,  city  engineer;  M.  M.  Jordan,  chief  of  police;  J.  Med- 
ley, deputy  chief  of  police;   F.  W.   Fickett,  recorder;  J.   W 
Jockusch,  purchasing  agent;   C.   Campbell,  health   physician 
Jas.  Daley,  sexton  ;  M.  W.  Shaw,  H.  Bautsch,  H.  Devlin,  board 
of  appraisement ;  F.  W.  Chase,  W.  P.  Manning,  A.  B..  Everett 
port  wardens ;  E.  Wegner,  chief  engineer  of  fire  department 
J.  Gernaud,  assistant  engineer ;  A.  S.  Newson,  Geo.  Schneider 
Jr.,  W"m.  Reppen.  R.  Hayes,  J.  C.  Smith,  board  of  commis 
sioners  waterworks  ;  Thos.  Doyle,  D.  Freeman.  Chas.  Vidor 
T.   C.  Thompson,  H.  T.  Wilson,  board  of  commissioners  of 
public  works  ;  Wm.  Oldenburg,  superintendent  waterworks 
D.   J.    Buckley,   secretary   water   commissioners ;    Geo.    Sealy 
Ben  Levy,  J.  Reymershofifer,  T.  C.  Thompson,  C.  Campbell 
John  Sealy  hospital  board. 


474  CITY  GOVERNMENT. 

1892-93. 

R.   L.   FULTON,   Mayor. 
Aldermen : 
1st  ward — A.  H.  Boysen/'=  7th  ward — P.  X.  Harris. 

2d  ward — T.  J.  Gallagher.  8th  ward — P.  Devine. 

3d  ward — Thos.  Goggan.  9th  ward — L.  Schmidt. 

4th  ward — J.  H.  Bolton.  loth  ward — B.  Levy. 

5th  ward — P.Walsh.  nth  ward — John  Wegner. 

6th  ward — Hy.  Jacques. f  12th  ward — P.  Schreiber.t 

Aldermen  at  Large. 
J.  Reymershoffer,  C.  F.  Kaiser, 

C.  Fowler,  Jos.  E.  Mason. 

City  officers  same  as  1891-92,  except  T.  D.  Gilbert,  collector, 
elected  in  place  of  E.  O'C.  Mclnerney,  deceased ;.  and  Leon 
Blum,  A.  W.  Fly  and  R.  V.  Davidson,  elected  as  members  of 
board  of  commissioners  of  public  works,  in  place  of  C.  Vidor, 
D.  Freeman  and  T.  C.  Thompson,  resigned. 


1893-94. 

A.  W.  FLY,  ^layor. 
Aldermen  : 
1st  ward — A.  H.  Boysen.  7th  ward — T.  A\'.  Jackson. 

2d  ward — Thos.  Gallagher.        8th  ward — C.  J.  Williams. 
3d  ward — Wm.  Reppen.  9th  ward — Jas.  Spillane. 

4th  ward — R.  Webber.  loth  ward — Ben  Levy. 

5th  ward — Freese  Baudenon.     nth  ward — John  Wegner. 
6th  ward — Hy.  Jacques  •  12th  ward — P.  Schreiber. 

Aldermen  at  Large. 
Paul    Gruetzmacher,  D.  B.  Henderson, 

P.  S.  Wren,  P.  N.  Harris. 

Ed.  Marrast,  city  clerk  ;  T.  J.  Ballinger,  city  attorney ;  E. 
McCarthy,  treasurer;  R.  C.  Jennett,  assessor;  T.  D.  Gilbert. 

*  Elected  in  place  of  Wm.  Andrews  deceased. 
t  Elected  in  place  of  T.  H.  Nolan,  resigned. 
t  Elected  in  place  of  C.  J.  Allen,  resigned. 


CITY   GOVERNMENT.  475 

collector;  W.  L.  Hallonqnest,  city  engineer;  Marsene  Johnson, 
recorder;  Jerry  Lordan,  chief  of  police;  H.  Boyd,  deputy  chief 
of  police ;  W.  C.  Fisher,  health  physician ;  J.  P.  Hendrick,  su- 
perintendent Sealy  hospital;  Jas.  McDonald,  harbor  master; 
Matt.  Cofifey,  A.  C.  Chester,  A.  D.  Smith,  port  wardens;  Jas. 
Daley,  city  sexton. 


1895. 

A.  W.  FLY,  Mayor. 

Aldermen : 
I  St  ward — C.  H.  Hughes.  7th  ward — Jno.  A.  Harrington. 

2d  ward — Gus  Reymershoffer.   8th  ward — -Frank  Jones. 
3d  ward — W.  C.  Ogilvy.  9th  ward — -A.  Ferrier. 

4th  ward — Robt.  Webber.  loth  ward — J.  C.  Borden. 

5th  ward— L.  F.  Cleary,  nth  ward — J.  D.  Skinner. 

6th  ward — A.  P.  Norman.  12th  ward — H.  A.  West. 

Thos.  J.  Ballinger,  city  attorney,  resigned  November  i8th, 
1895;  R.  Waverley  Smith  elected  November  i8th,  1895;  Theo. 
K.  Thompson,  auditor ;  Ira  E.  Collins,  collector ;  R.  C.  Jennett, 
assessor;  John  E.  Chubb,  harbor  master;  John  Dwyer,  sexton; 
B.  M.  Temple,  city  engineer;  Dr.  W.  C.  Fisher,  health  physi- 
cian; Ed.  McCarthy,  treasurer;  Jas.  Spillane,  purchasing 
agent;  E.  K.  Marrast,  city  clerk,  resigned  July  15th,  1895;  G. 
Bowden  Settle,  city  clerk,  elected  July  15th,  1895;  Marsene 
Johnson,  recorder.  Commissioners  of  Public  Works — Leon 
Blum,  John  N.  Stowe,  L.  A.  Grelling,  Joe  Levy.  Board  of 
Appraisers — Henry  Bautsch,  Jas.  S.  Montgomery,  John  W. 
Riddell.  Directors  of  Galveston  Wharf  Co. — C.  H.  Hughes, 
W.  C.  Ogilvy.  Fire  Commissioners — Gustav  Reymershoffer, 
Frank  Jones,  J.  D.    Skinner,  John  A.  Harrington. 


476  CITY   GOVERNMENT. 


1897. 

A.  W.  FLY,  Mayor. 

Aldermen : 

ist  ward — C.  H.  Hughes.  7th  ward — J.  B.  Aguilo. 

2d  ward — W.  F.  Stewart.  8th  ward — Frank  Jones. 

3d  ward — Thomas  Goggan.  9th  ward — C.  Van  Sickle. 

4th  ward — Pat  Barry.  loth  ward — J.  C.  Borden. 

5th  ward — J.  B.  Baudenon.  nth  ward — J.  D.  Skinner. 

6th  ward — D.  S.  Davidson.  12th  ward — H.  A.  West. 

R.  Waverley  Smith,  city  attorney;  Theo.  K.  Thompson,  au- 
ditor; Ira  E.  Collins,  collector;  C.  W.  Preston,  assessor;  John 
E.  Chubb,  harbor  master;  Dr.  W.  C.  Fisher,  health  physician; 
James  Daley,  sexton  ;  R.  H.  Peek,  city  engineer ;  A.  Ferrier, 
comptroller ;  Ed.  McCarthy,  treasurer ;  G.  Bowden  Settle,  city 
clerk;  M.  C.  McLemore,  recorder.  Board  of  Public  Works — 
Leon  Blum,  L.  A.  Grelling,  Joe  Levy,  J.  N.  Stowe.  Water 
Commissioners — H.  C.  Lange,  C.  B.  Lee,  C.  H.  Moore,  J.  C. 
Borden,  C.  H.  Hughes,  W.  F.  Stewart.  Directors  Galveston 
Wharf  Co. — C.  H.  Hughes,  J.  D.  Skinner.  Fire  Commission- 
ers— C.  H.  Hughes,  Thomas  Goggan,  J.  B.  Aguilo,  J.  C.  Bor- 
den. 


I 


CETY   GOVERNMENT.  477 


1899. 

WALTER  C.  JONES,  Mayor. 
Aldermen : 
I  St  ward — C.  H.  Hughes.  7th  ward — David  Wilson. 

2d  ward — W.  F.  Stewart.  8th  ward — A.  Bornefeld. 

3d  ward — Robt.  Webber.  9th  ward — F.  M.  Gilbongh. 

4th  ward — Pat  Barry  loth  ward — Ben  Levy. 

5th  ward — C.  H.  AlcMaster,      nth  ward — John  Wegner. 
6th  ward— George  Stenzel.  12th  ward — Peter  Schreiber. 

R.  Waverley  Smith,  city  attorney,  resigned  August  9th,  1899; 
Jas.  B.  Stubbs,  city  attorney,  elected  September  5th,  1899; 
Theo.  K.  Thompson,  auditor;  Ira  E.  Collins,  collector;  C.  W^ 
Preston,  assessor;  Thomas  H.  Sweeney,  harbor  master;  Dr.  C. 
H.  AVilkinson,  health  physician  ;  James  Daley,  sexton  ;  R.  H. 
Peek,  city  engineer;  Henry  Ollie,  comptroller;  L  H.  Kempner, 
treasurer;  Geo.  Q.  McCracken,  city  clerk;  Noah  Allen,  re- 
corder. A\'ater  Commissioners — H.  C.  Lange.  F.  Cannon. 
Board  of  Public  Works — Joseph  Levy,  Jno.  N.  Stowe,  Jens 
Moller,  John  Reymershoffer.  Fire  Commissioners — W.  F. 
Stewart,  Robt.  Webber,  David  Wilson,  F.  M.  Gilbough. 


478  CITY   GOVERNMENT. 

1901-1902. 

BOARD  OF  COMMISSIONERS. 

WILLIAM  T.  AUSTIN,  President. 

Elected  Commissioner  September  loth,  1901 ;  qualified  Sep- 
tember i6th,  1901 ;  resigned  September  i6th,  1901  ;  appointed 
President  September  i6th,  1901 ;  qualified  September  i8th, 
1901. 

I.  H.  Kempner,  Commissioner,  appointed  September  i6th, 
1901 ;  designated  Commissioner  of  Finance  and  Revenue,  Sep- 
tember i8th,  1901. 

H.  C.Lange,  Commissioner,  appointed  September  i6th,i90i ; 
designated  Water  Works  and  Sewerage  Commissioner,  Sep- 
tember i8th,  1901. 

A.  P.  Norman,  Commissioner,  elected  September  loth,  1901  ; 
designated  Police  and  Fire  Commissioner,  September  18th, 
1901. 

V.  E.  Austin,  Commissioner,  appointed  September  i6th, 
1901 ;  designated  Commissioner  of  Streets  and  Public  Im- 
provements, September  i8th,  1901. 


OFFICERS. 

Charles  F.  J.  Artz,  secretary,  appointed  September  i8th, 
1901 ;  J.  Z.  H.  Scott,  attorney,  appointed  September  24th,  1901 ; 
T.  J.  Groce,  treasurer,  appointed  September  24th,  1901 ;  A.  Fer- 
rier,  auditor,  appointed  September  24th,  1901 ;  Alex  Easton, 
assessor  and  collector  of  taxes,  appointed  September  24th, 
1901 ;  C.  W.  Trueheart,  health  physician,  appointed  October 
15th,  1901 ;  M.  H.  Royston,  recorder,  appointed  September 
24th,  1901 ;  C.  A.  Sias,  engineer,  appointed  October  ist,  1901  ; 
A.  S.  Drewry,  superintendent  water  works,  appointed  Septem- 
ber 24th,  1901 ;  John  T.  Rowan,  chief  of  police,  appointed  Sep- 
tember 24th,  1901  ;  J.  H.  Gernand,  chief  fire  department,  ap- 
pointed September  24th,  1901  ;  T.  H.  Sweeny,  harbor  master, 
appointed  September  24th,  1901  ;  James  Daley,  sexton,  ap- 
pointed September  24th,  1901  ;  Ben  Dolson,  Sr.,  T.  L.  Cross, 
J.  H.  Benson,  port  wardens,  appointed  SeptembeR.24lh,  1901. 


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